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MARINO v. AMERICAN PRESIDENT LINES, LTD.

191 F.Supp. 681 (1960)

Joseph MARINO, Plaintiff, v. AMERICAN PRESIDENT LINES, LTD., and Stevedoring Equipment, Inc., Defendants. AMERICAN PRESIDENT LINES, LTD., Plaintiff, v. STEVEDORING EQUIPMENT, INC. and Nacirema Operating Co., Inc., Defendants. NACIREMA OPERATING CO., Inc., Plaintiff, v. STEVEDORING EQUIPMENT, INC., Defendant. STEVEDORING EQUIPMENT, INC., Plaintiff, v. AMERICAN PRESIDENT LINES, LTD., and Nacirema Operating Co., Inc., Defendants.

United States District Court S. D. New York.

December 9, 1960.

Attorney(s) appearing for the Case

Zarah Williamson, New York City, for plaintiff; Jacob Rassner and Theodore H. Friedman, New York City, of counsel.

Symmers, Fish & Warner, New York City, for defendant American President Lines, Limited; William Warner, New York City, of counsel.

John P. Smith, New York City, for Stevedoring Equipment, Inc.; George S. Pickwick, New York City, of counsel.

Galli & Locker, New York City, for defendant Nacirema Operating Co., Inc.; Patrick J. McCann, New York City, and Albert Wall, of counsel.

HERLANDS, District Judge.

The question before the court is presented by the defendant's motion made at the close of plaintiff's case to dismiss the complaint and for a directed verdict.

The accident in this personal injury action occurred when the moving fork lift truck (sometimes called a Hi-Lo) driven by defendant's employee (Charles W. Hill) hit the stationary truck on which plaintiff was piling bales of jute...

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