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KANE v. BRANCH MOTOR EXPRESS COMPANY

No. 254, Docket 26204.

290 F.2d 503 (1961)

Mary KANE, as Administratrix of the goods, chattels and credits of Edward Kane, Deceased, Appellant, v. BRANCH MOTOR EXPRESS COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided May 23, 1961.

Attorney(s) appearing for the Case

Chester A. Hahn, New York City (Sylvia Miller, New York City, on the brief), for appellant.

John Nielsen, New York City (John P. Smith, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and CLARK and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Plaintiff's decedent, Edward Kane, was employed as a "platform man" for St. Johnsbury Trucking Company, an interstate freight common carrier. His duties were to unload trucks and trailers of that company at its New York City terminal. Defendant Branch Motor Express Company, is also a common carrier engaged in the hauling of interstate freight. Pursuant to a Trailer Interchange Contract between the two carriers, Branch delivered to St...

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