Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that only a personal representative has standing to sue under FELA
• noting that the purpose of objecting is to provide an opportunity for errors to be corrected at trial
• noting that the purpose of objecting is to provide an opportunity for errors to be corrected at trial
• observing that “Rule 9(a) . . . require[s] a defendant to plead absence of capacity”
• \the failure to object may be disregarded if the party's position has previously been made clear to the court and it is plain that a further objection would have been unavailing\
• limitation on enforcement of FELA claim to personal representative not for purpose of assuring proper party before court but, rather, to assure all beneficiaries and heirs access to proceeds of litigation and guarantee railroad not subject to multiple recoveries

Source: CourtListener parenthetical corpus (CC0).