LEHIGH VALLEY R. CO. v. STATE OF RUSSIA

Nos. 318, 319.

21 F.2d 406 (1927)

LEHIGH VALLEY R. CO. v. STATE OF RUSSIA.

Circuit Court of Appeals, Second Circuit.

August 8, 1927.


Attorney(s) appearing for the Case

Hornblower, Miller & Garrison, of New York City (Charles A. Boston, of New York City, George S. Hobart, of Newark, N. J., and Nash Rockwood, Edgar H. Boles, and Richard W. Barrett, all of New York City, of counsel), for plaintiff in error.

Coudert Bros., of New York City (Frederick R. Coudert, Hartwell Cabell, Mahlon B. Doing, and Blaine F. Sturgis, all of New York City, of counsel), for the State of Russia.

Charles Recht and Osmond K. Fraenkel, of amici curiæ.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


MANTON, Circuit Judge.

As a result of the fire referred to in action No. 1 between these parties, a decision in which is rendered to-day (21 F.2d 396), a warehouse in which aluminum, property of the defendant in error was stored, was destroyed. The jury, in answer to a special question, found the fire to have been caused by the sole proximate negligence of the plaintiff in error. On this writ the plaintiff in error has assigned 362...

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