McDOWELL ASSOCIATES v. THE PENNSYLVANIA RAILROAD


142 F.Supp. 751 (1956)

McDOWELL ASSOCIATES, Inc., Plaintiff, v. THE PENNSYLVANIA RAILROAD, Defendant.

United States District Court S. D. New York.

June 27, 1956.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, Henry J. Bogatko, William M. Keegan, New York City, of counsel, for plaintiff.

Bleakley, Platt, Gilchrist & Walker, New York City, for defendant.


LEVET, District Judge.

This is an action by a shipper against a carrier to recover for damages to certain machinery which was shipped in defendant's cars and which was allegedly damaged in transit.

During the course of an examination conducted by the defendant, the following questions were asked of plaintiff's president, to which plaintiff's counsel objected:

"Q. Did you file any claims with the insurance companies or insurance company in connection...

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