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MILLER v. PENNSYLVANIA RAILROAD COMPANY

No. 353, Docket 23731.

236 F.2d 295 (1956)

Harvey MILLER, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant and Third-Party Plaintiff-Appellant (Allen N. Spooner & Son, Inc., Third-Party Defendant-Appellee).

United States Court of Appeals Second Circuit.

Decided August 13, 1956.

Attorney(s) appearing for the Case

Irving H. Schafer, New York City (William L. Shumate, New York City, of counsel on the brief), for defendant and third-party plaintiff-appellant.

Galli & Locker, New York City (Patrick J. McCann and Patrick E. Gibbons, New York City, of counsel on the brief), for third-party defendant-appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

The question raised by this appeal is whether the Pennsylvania Railroad, a Pennsylvania corporation, is entitled to indemnity from Allen N. Spooner, Inc., a New York corporation, for damages paid to an employee of Spooner who was injured while working on property owned by Pennsylvania.

The Pennsylvania Railroad owns and maintains a building located on the east side of First Avenue between 33rd and 34th Streets in Manhattan, which building...

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