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CATEN v. SALT CITY MOVERS & STORAGE CO.

No. 251.

149 F.2d 428 (1945)

CATEN v. SALT CITY MOVERS & STORAGE CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 14, 1945.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, of Syracuse, N. Y. (M. Harold Dwyer, of Syracuse, N. Y., of counsel), for plaintiffs-appellees.

Nathan E. Zelby, of New York City, and John T. Deegan, of Syracuse, N. Y. (Julius Zizmor, of Brooklyn, N. Y., of counsel), for defendant-appellant.

Before SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiffs arranged with the defendant to ship their household goods and some of their personal effects from Gouverneur, N. Y., to Pawtucket, R. I., on a motor van owned and operated by the defendant, a common carrier in interstate commerce by motor vehicle. The van caught fire en route when its brakes became overheated because of faulty adjustment and the shipment was totally destroyed. This suit was brought in the District Court for the...

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