UNITED STATES v. READING COMPANY

No. 13379.

289 F.2d 7 (1961)

UNITED STATES of America, Appellant, v. READING COMPANY.

United States Court of Appeals Third Circuit.

Decided March 28, 1961.


Attorney(s) appearing for the Case

W. Harold Bigham, Washington, D. C., (George Cochran Doub, Asst. Atty. Gen., Geo. S. Leonard, Acting Asst. Atty. Gen., Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

John J. Dautrich, Philadelphia, Pa., (White & Williams, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

The United States commenced an action to recover for damage to three carloads of beef sustained in shipment and while in custody of defendant Reading Company ("railroad"). The government contended that the damage was caused by the railroad's breach of its duty to re-ice the cars while they were awaiting further shipment at the Port Richmond terminal.

The parties entered into a stipulation which...

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