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THE P. R. R. NO. 541

7 F.Supp. 208 (1934)

THE P. R. R. NO. 541. THE WASHINGTON. PENNSYLVANIA R. CO. v. CITY OF NEW YORK et al.

District Court, S. D. New York.

March 7, 1934.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Paul Tison, of New York City, of counsel), for libelant.

Paul Windels, Corp. Counsel, of City of New York (P. F. Shortridge, of New York City, of counsel), for City of New York.

John E. Morrissey, of New York City, for Delaware, L. & W. R. Co.

WOOLSEY, District Judge.

My judgment in this case is that the libel must be dismissed with costs.

I. The pattern of this case is somewhat novel and extremely interesting.

The damage of which the libelant complains was caused on February 8, 1930, at about 6:40 a. m. by the contact between two carfloats which had been proceeding, until the events which I shall mention hereinafter, on substantially parallel courses, rounding the Battery preparatory to...

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