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NEW YORK, NEW HAVEN & H. R. CO. v. SEABOARD SALES CORP.

No. 5327.

258 F.2d 376 (1958)

The NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Defendant, Appellant, v. SEABOARD SALES CORPORATION et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

June 30, 1958.

Attorney(s) appearing for the Case

John A. Briggs, Boston, Mass., with whom Edmund M. Sweeney and Arthur D. Healey, Boston, Mass., were on brief, for appellant.

William T. Conlan, Boston, Mass., with whom Ely, Bartlett & Brown, Boston, Mass., was on brief, for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

This appeal from a judgment entered on a verdict for the plaintiffs in a suit against a carrier for damage to goods in transit presents only a single simple question.

It is conceded that the plaintiffs were the owners of goods being transported on a freight train of the defendant, a common carrier, which suffered a derailment on October 15, 1955, in Darien, Connecticut. The defendant was the delivering carrier of the shipments which had originated...

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