NEW YORK CENTRAL R. CO. v. NEW YORK, N. H. & H. R. CO.

No. 205, Docket 25775.

275 F.2d 865 (1960)

NEW YORK CENTRAL RAILROAD COMPANY, Appellee, v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, Appellant, New York Dock Railway, Respondent, and New York, New Haven & Hartford Railroad Company, Respondent-Impleaded.

United States Court of Appeals Second Circuit.

Decided March 14, 1960.


Attorney(s) appearing for the Case

Robert M. Peet, New York City, for appellant.

Jerome H. Shapiro, Gerald E. Dwyer, New York City (William F. McGinn, New York City, of counsel), for appellee.

Before HAND and MOORE, Circuit Judges, and J. JOSEPH SMITH, District Judge.


HAND, Circuit Judge.

This is an appeal from a decree in the admiralty of Judge Edelstein in the Southern District of New York, awarding damages to the New York Central Railroad against the New York, New Haven and Hartford Railroad for the loss of railroad cars and their contents. The facts were as follows. A number of railroad cars had arrived at the "Central's" yard at Weehawken, loaded with freight and destined for Brooklyn. As the cargo on the cars was perishable...

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