Legal Opinion
Gallagher v. Carroll
District Court, E.D. New York
Decided May 19, 1939No. 8PublishedCited by 19 opinions
1Opinion of the Court
BYERS, District Judge.
This is a motion to strike the second and third separate and complete defenses contained in the answer in an action to recover damages for personal injuries, said to have been suffered by the plaintiff Francis J. Gallagher on October 3, 1936, in the State of Pennsylvania, as the result of a collision of motor vehicles.
The plaintiff James Gallagher is the father of Francis, who was an infant when the accident happened but apparently has since become of age.
The second defense to which the motion is directed alleges the pendency of a prior action in the State of Maryland…
2Cases cited2 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Fearing v. GlennCourt of Appeals for the Second Circuit · 1896
3Cited by19 opinions
- Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Isaacks v. JeffersCourt of Appeals for the Tenth Circuit · 1944
- The Moore Company of Sikeston, Missouri, a Corporation, and J. E. Moore, Jr. v. Sid Richardson Carbon & Gasoline Company, a CorporationCourt of Appeals for the Eighth Circuit · 1965
- Robinson v. Waterman S. S. Co.District Court, D. New Jersey · 1947
14 more not listed; retrieve them via the Exa API.