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SPIELMAN v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

Civ. No. 12970.

147 F.Supp. 451 (1956)

Arthur P. SPIELMAN, Plaintiff, v. The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Defendant and Third-Party Plaintiff (The New Haven Trap Rock Company, Third-Party Defendant).

United States District Court E. D. New York.

March 7, 1956.

Attorney(s) appearing for the Case

William Paul Allen, New York City, for plaintiff.

Edmund J. Moore, New York City, for defendant and third-party plaintiff, Robert M. Peet, New York City, of counsel.

Wiggin & Dana, New Haven, Conn., for New Haven Trap Rock Co., third-party defendant, Thew Wright, Jr., New Haven, Conn., of counsel.

BRUCHHAUSEN, District Judge.

The defendant, Railroad Company, by this motion seeks to set aside its judgment against the third-party defendant, Trap Rock Company, and for judgment in favor of the defendant, Railroad Company, for the full amount of the verdict, i. e., $15,000, recovered by the plaintiff.

The plaintiff brought this action against the Railroad Company, under the Federal Employers' Liability Act, 45 U. S.C.A. § 51 et seq., to recover damages...

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