Legal Opinion

Grosso v. Butte Electric Ry. Co.

District Court, D. Montana

Decided October 28, 1914No. 176PublishedCited by 14 opinions

At Law. Action by Margherit Grosso against the Butte Electric Railway Company and others. On motion to remand the cause to the state court.

1Opinion of the Court

BOURQUIN, District Judge.

On motion to remand. Defendants are a foreign street railway corporation and its servants, jointly against whom plaintiff brings this a passenger’s action for personal injuries due to the servants’ negligence. The servants are designated John Doe and Richard Roe, true names unknown, respectively conductor and motorman of the car wherein plaintiff was passenger. The corporation removed the case hither for diverse citizenship. Its contention is that the servants, being designated by fictitious names and not served with process prior to removal, are merely nominal or…

2Cases cited2 opinions

  1. Loop v. Winters' EstateU.S. Circuit Court for the District of Nevada · 1902
  2. Parkinson v. BarrU.S. Circuit Court for the District of Nevada · 1900

3Cited by14 opinions

  1. Pullman Co. v. JenkinsSupreme Court of the United States · 1939
  2. Charles E. Abels and Irene C. Abels v. State Farm Fire & Casualty CompanyCourt of Appeals for the Third Circuit · 1985
  3. Young v. QuinlanCourt of Appeals for the Third Circuit · 1992
  4. Albert Pecherski v. General Motors Corp. And Jane DoeCourt of Appeals for the Eighth Circuit · 1981
  5. Asher v. Pacific Power and Light CompanyDistrict Court, N.D. California · 1965

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