Legal Opinion

Klee v. Pittsburgh & West Virginia Railway Co.

District Court, W.D. Pennsylvania

Decided July 8, 1958No. Civ. A. 14781PublishedCited by 19 opinions

1Opinion of the Court

GOURLEY, Chief Judge.

In these actions directed against the Pittsburgh and West Virginia Railroad Company under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. and against the New York, Chicago and St. Louis Railroad Company (hereafter identified as Nickel Plate) based on negligence, Nickel Plate moves the court to dismiss the complaint as to it for lack of jurisdictional requirement of diversity of citizenship.

The motion to dismiss is predicated upon a belated motion to amend its answer denying the averment of diversity.

The accident occurred on March 9, 1956. Suit was filed on…

2Cases cited24 opinions

  1. Jacobson v. New York, N. H. & H. R. Co.Court of Appeals for the First Circuit · 1953
  2. Echon v. Pennsylyania RailroadSupreme Court of Pennsylvania · 1950
  3. Hirshhorn v. Mine Safety Appliances Co.District Court, W.D. Pennsylvania · 1951
  4. Blair v. United States Ex Rel. Gregory-HoganCourt of Appeals for the Eighth Circuit · 1945
  5. Frederick H. McNaughton v. The New York Central Railroad CompanyCourt of Appeals for the Seventh Circuit · 1955

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

3Cited by19 opinions

  1. Coury v. ProtCourt of Appeals for the Fifth Circuit · 1996
  2. Kurt Strauss v. Douglas Aircraft Co.Court of Appeals for the Second Circuit · 1968
  3. Forstmann v. CulpDistrict Court, M.D. North Carolina · 1987
  4. Eugene Eisler and Elizabeth Eisler v. Nathan StritzlerCourt of Appeals for the First Circuit · 1976
  5. Richard D. Di Frischia v. New York Central Railroad CompanyCourt of Appeals for the Third Circuit · 1960

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

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