THE AMERICA

No. A-15828.

34 F.Supp. 855 (1940)

THE AMERICA. THE J. A. MARTIN.

District Court, E. D. New York.

September 24, 1940.


Attorney(s) appearing for the Case

Foley & Martin, of New York City, for claimant-petitioner.

Hatch & Wolfe, of New York City (J. Newton Nash, of New York City, of counsel), for respondent-impleaded.


BYERS, District Judge.

Hearing on exceptions filed by respondent-impleaded, who asserts that, since the tort alleged in the petition to implead was committed on land, if at all, the court is without jurisdiction.

The actionable wrong as alleged is that, through the bursting or letting go of a pipe connected with the respondent-impleaded's plant at Grasselli, N. J., on one shore of the Kills, fumes or gases were allowed to escape therefrom and accumulate over...

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