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Civil Procedure Keyed to Erichson
Louisville & Nashville Railroad Co. v. Mottley
Citation:
211 U.S. 149 (1908)ProfessorBrittany L. Raposa
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Facts
The Mottleys (Plaintiffs) were injured while riding a train owned by Louisville & Nashville Railroad Co. (Defendant). In exchange for the Mottleys agreeing not to sue the railroad for the injury, the defendants issued the couple free passes for the train, to be renewed each year. Years later, Congress passed a law that prohibiting giving free passes or free transportation. In response to this law, the railroad revoked the Mottleys’ free passes. The Mottleys sued the railroad for their passes, but the only reference to federal law in their complaint was a response to an anticipated defense that touched on the new law that Congress had passed.
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