green
Positive treatment
Quoted verbatim 1×
4.0 score
“cases discussing the issue have generally condemned the giving of an assumption of risk instruction in fela actions.”
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964
1995
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Fashauer v. NJ Trans Rail
cases discussing the issue have generally condemned the giving of an assumption of risk instruction in fela actions.
discussed
Cited "see"
Curran v. Stradley, Ronon, Stevens & Young
The Court quoted the Superior Court opinion at length, focusing upon the following factors: (B)ad faith on the part of the party seeking to call witnesses not listed in his pretrial memorandum; see Clark v. Pa.R.R.Co., 328 F.2d 591 (2d Cir.1964), cert. denied, 377 U.S. 1006 , 84 S.Ct. 1943 , 12 L.Ed.2d 1054 (1964); ability of the party to have discovered the witnesses earlier, see Hunt v. Pa.R.R.Co., 41 F.R.D. 349 (E.D.Pa.1967); validity of the excuse offered by the party, Thompson v. Calmar Steamship Corp., 331 F.2d 657, 662 (3d Cir.1964); willfulness of the party’s failure to comply with t…
discussed
Cited "see"
Feingold v. Southeastern Pennsylvania Transportation Authority
(2×)
In reversing the trial court’s exclusion of Dr. Atkin’s testimony, the Superior Court relied on several factors “[i]n determining whether to allow the testimony of a witness who has not been included in a pre-trial memorandum.” Feingold v. SEPTA, 339 Pa.Super. 15, 21 , 488 A.2d 284, 287 (1985). [B]ad faith on the part of the party seeking to call witnesses not listed in his pretrial memorandum; see Clark v. Pa.R.R.Co., 328 F.2d 591 (2d Cir.1964), cert. denied, 377 U.S. 1006 , 84 S.Ct. 1943 , 12 L.Ed.2d 1054 (1964); ability of the party to have discovered the witnesses earlier, see Hunt…
cited
Cited "see"
Kono v. Auer
See Clark v. Pennsylvania R.R., 328 F.2d 591, 593-594 (2d Cir.) cert. denied, 377 U.S. 1006 (1964).
discussed
Cited "see, e.g."
In Re Roger Novak
Kane, Federal Practice and Procedure § 1522, at 218 (2d ed. 1990) [hereinafter Federal Practice and Procedure]; see also Clark v. Pennsylvania R.R., 328 F.2d 591, 594 (2nd Cir.) (“One of the prime objectives [of Rule 16] is to do away with the old sporting theory of justice and substitute a more enlightened policy of putting the cards on the table, so to speak, and keeping surprise tactics down to a minimum.”), cert. denied, 377 U.S. 1006 , 84 S.Ct. 1943 , 12 L.Ed.2d 1054 (1964).
Retrieving the full opinion text from the archive…
Clark
v.
Pennsylvania Railroad Co.
v.
Pennsylvania Railroad Co.
No. 1405.
Supreme Court of the United States.
Jun 22, 1964.
377 U.S. 1006
Ira Gammerman for petitioner., Thomas V. McMahon for respondent.
Cited by 2 opinions | Published
Citer courts: Third Circuit (1)
C. A. 2d Cir. Certiorari denied.