CHESTER A. POLING v. CITY OF NEW YORK

No. 15618.

29 F.Supp. 774 (1939)

CHESTER A. POLING, Inc., v. CITY OF NEW YORK.

District Court, E. D. New York.

October 25, 1939.


Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Edward Ash, of New York City, of counsel), for libellant.

William C. Chanler, Corp. Counsel, of New York City (George S. Franklin, of New York City, of counsel), for respondent.


GALSTON, District Judge.

The facts in this case are undisputed.

The libellant seeks to recover damages alleged to have resulted from respondent's delay in opening the Pelham Bascule Bridge. This bridge opens vertically in mid-stream by the raising of two leaves, one leaf pivoted on the New York side and the other on the Westchester side of the river.

It appears that on September 30, 1938, at about 2:30 P...

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