Legal Opinion

Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power District

Court of Appeals for the Eighth Circuit

Decided May 31, 1962No. 16692_1PublishedCited by 42 opinions

1Opinion of the Court

*675MATTHES, Circuit Judge.

The basic question for determination on this appeal is whether the trial court, upon motion interposed by one of the defendants, properly dismissed plaintiff’s cause of action and refused to permit an amendment to the original complaint. The issue presents for our consideration the Nebraska statute of limitations controlling wrongful death actions; the effect of failure of the original complaint, filed within the statutory period, to properly allege legal capacity to sue; and the right of plaintiff to file an amended complaint alleging her right to maintain the action,…

2Cases cited37 opinions

  1. Mitchell v. MaurerSupreme Court of the United States · 1934
  2. Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
  3. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  4. McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
  5. Irene A. Janzen, Administratrix of the Estate of Waldo R. Janzen, Deceased v. Wilber W. Goos and Ivan GottulaCourt of Appeals for the Eighth Circuit · 1962

32 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980
  2. 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
  3. Rosier v. Garron, Inc.West Virginia Supreme Court · 1973
  4. Rock Island Millwork Co. v. Hedges-Gough Lumber Co.Court of Appeals for the Eighth Circuit · 1964
  5. T Mobile Northeast LLC v. City of WilmingtonCourt of Appeals for the Third Circuit · 2019

37 more not listed; retrieve them via the Exa API.

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