Zook v. Norfolk & Western Railway Co.

How courts have described this case

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

• permitting amendments “changing the cause of action or defense or adding new causes of action or defenses”
• affirmative defense that would not defeat cause of action even if true but merely rebut a portion of plaintiff’s evidence was properly stricken
• “When a motion in limine is denied, the unsuccessful movant must specifically object to the evidence when it is offered by the other party at trial”
• affirmative defense that would not defeat cause of action even if true but merely rebut a portion of plaintiff's evidence was properly stricken
• dismissal of affirmative defense was proper where the facts alleged, if true, did not defeat plaintiff’s claim
• “denial of a motion in limine does not preserve an objection to the disputed evidence later introduced at trial. The moving party must contemporaneously object when the evidence is offered or it waives the objection”

Source: CourtListener parenthetical corpus (CC0).