Legal Opinion
Holmes v. Pennsylvania New York Central Transportation Co.
District Court, N.D. Indiana
Decided December 16, 1969No. Civ. No. 2033PublishedCited by 8 opinions
1Opinion of the Court
ORDER
ESCHBACH, District Judge.
This diversity wrongful death action is before the court upon defendant’s motion for summary judgment. Essentially, defendant contends that under Indiana law plaintiffs’ original complaint did not state a cause of action, that their amended complaint states a new cause of action and does not relate back, and that therefore plaintiffs’ action was not filed within the time specified in the Indiana Wrongful Death Act. Ind.Ann. Stat. §§ 2-403 and 2-404 (Burns’ 1967 Repl.). The issue presented by defendant’s motion is whether the amended complaint relates back to the…
2Cases cited8 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Ruth Crowder, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors v. Gordons Transports, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Charles L. Longbottom and Nancy Sue Chapman v. Roy Ralph Swaby, a Minor, by His Next Friend, Harold F. EdwardsCourt of Appeals for the Fifth Circuit · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Beal v. City of SeattleWashington Supreme Court · 1998
- Beal for Martinez v. City of SeattleWashington Supreme Court · 1998
- Chavez v. Regents of the University of New MexicoNew Mexico Supreme Court · 1985
- Burns v. Anchorage Funeral ChapelAlaska Supreme Court · 1972
- Employees Savings Plan of Mobil Oil Corp. v. VickeryDistrict Court, S.D. New York · 1983
3 more not listed; retrieve them via the Exa API.