Legal Opinion

Josewski v. Midland Constructors, Inc.

District Court, D. South Dakota

Decided December 16, 1953No. 883-S.DPublishedCited by 13 opinions

1Opinion of the Court

HULEN, District Judge.

We have for ruling plaintiff’s motion to strike parts of defendant’s answer.

Plaintiff’s case results from an injury sustained by her husband while an employee of the defendant. The basis of jurisdiction is diversity. The complaint alleges her husband sustained permanent injuries that have totally incapacitated him for employment. She seeks recovery, based on negligence of defendant (as distinguished from willful injury) for loss of support, advice, services, conjugal society, consortium and companionship. The answer admits the injuries to plaintiff's husband, and that…

2Cases cited9 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  4. Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
  5. Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953

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

3Cited by13 opinions

  1. Smither and Company, Inc. v. Franciska T. ColesCourt of Appeals for the D.C. Circuit · 1957
  2. Novak v. Kansas City Transit, Inc.Supreme Court of Missouri · 1963
  3. Deshotel v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1958
  4. Ellis v. FALLERTOregon Supreme Court · 1957
  5. Bloemer v. Square D Co.Appellate Court of Illinois · 1972

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

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