Legal Opinion

Kelly v. Pennsylvania R.

District Court, E.D. Pennsylvania

Decided February 5, 1948No. Civ. A. No. 6782PublishedCited by 10 opinions

1Opinion of the Court

GANEY, District Judge.

This is a motion under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, by a third-party defendant to vacate1 the order granting leave to the third-party plaintiff to bring it upon the record pursuant to Rule 14(a).

The plaintiff, a brakeman and citizen of Pennsylvania, brought this action against his employer, the Pennsylvania Railroad Company, under the Safety Appliance and The Federal Employers’ Liability Acts, 45 U.S.C.A. §§ 1 to 23, 51 to 60, for injuries alleged to have been sustained by him. His complaint alleged that while…

2Cases cited35 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Wells Fargo & Co. v. TaylorSupreme Court of the United States · 1920
  3. Jones v. Waterman SS CorporationCourt of Appeals for the Third Circuit · 1946
  4. Baltimore & OR Co. v. SaundersCourt of Appeals for the Fourth Circuit · 1947
  5. Brown v. CranstonCourt of Appeals for the Second Circuit · 1942

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3Cited by10 opinions

  1. Waylander-Peterson Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1953
  2. Curtis Fawvor v. Texaco, Inc., Defendant-Third-Party v. Foster Wheeler Corporation, Third-Party B & B Insulation, Inc., Defendant-Third-PartyCourt of Appeals for the Third Circuit · 1977
  3. Lawrence v. Great Northern Ry. Co.District Court, D. Minnesota · 1951
  4. Andromidas v. Theisen Bros.District Court, D. Nebraska · 1950
  5. Foster v. BrownDistrict Court, D. Maryland · 1958

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