RATIGAN v. NEW YORK CENTRAL RAILROAD COMPANY

Civ. A. No. 7390.

181 F.Supp. 228 (1960)

Francis T. RATIGAN, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant and Third-Party Plaintiff (Interstate Commodities, Inc., and Troy Union Railroad Company, Third-Party Defendants).

United States District Court N. D. New York.

January 25, 1960.


Attorney(s) appearing for the Case

McElroy, Young, Mahley, Martin & Dunn, Syracuse, N. Y., for plaintiff. Gordon H. Mahley, Syracuse, N. Y., of counsel.

Whalen, McNamee, Creble & Nichols, Albany, N. Y., for defendant and thirdparty plaintiff, New York Central R. Co. Earl H. Gallup, Jr., Albany, N. Y., of counsel.

Carter & Conboy, Albany, N. Y., for third-party defendant, Interstate Commodities, Inc. James S. Carter, N. James Conboy, Albany, N. Y., of counsel.

Gerald E. Dwyer, New York City, for third-party defendant, Troy Union Railroad Company. Jerome H. Shapiro, New York City, of counsel.


JAMES T. FOLEY, District Judge.

This action was tried to a jury and became complicated solely by reason of the trial and submission of the issues created by the cross actions or claims of the New York Central Railroad Company, as third-party plaintiff, against the named third-party defendants. It seems to be the nature of cross actions of this type to arouse vigorous and even bitter dispute among the parties so involved; these issues lengthen trial, and oddly enough...

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