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SIDNEY BLUMENTHAL & CO. v. ATLANTIC COAST LINE R. CO.

No. 66.

139 F.2d 288 (1943)

SIDNEY BLUMENTHAL & CO., Inc., v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Second Circuit.

November 16, 1943.

Attorney(s) appearing for the Case

Theodore L. Bailey, of New York City, for appellant.

Eugene Underwood, of New York City, for appellee.

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

L. HAND, Circuit Judge.

This case comes up upon a judgment for the defendant in an action at law, tried to a judge without a jury. The plaintiff was the owner of a parcel of cotton shipped from North Carolina to Connecticut, and lost in the harbor of New York on the 21st of September, 1938, while en route from Greenville to Brooklyn, upon a car float of the New York, New Haven and Hartford Railroad, an intermediate carrier. The only question is whether the loss was...

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