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WILLIAMS v. PENNSYLVANIA RAILROAD COMPANY

Cal. No. 77, Docket 27684.

313 F.2d 203 (1963)

John H. WILLIAMS, Plaintiff-Appellee, v. PENNSYLVANIA RAILROAD COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. WILLIAM SPENCER & SON CORPORATION, Third-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 8, 1963.

Attorney(s) appearing for the Case

James S. Rowen (Conboy, Hewitt, O'Brien & Boardman), New York City, for defendant and third-party plaintiff-appellant.

John Nielsen, New York City, (Perrell, Nielsen & Stephens), New York City (Thomas O. Perrell, New York City, of counsel), for third-party defendant-appellee.

Vincent J. Lumia, Brooklyn, N. Y. (Anthony S. Bottitta, Brooklyn, N. Y., of counsel), for plaintiff-appellee.

Before CLARK, FRIENDLY and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

Williams, an employee of Wm. Spencer & Son Corporation, stevedores, brought this action in the Supreme Court of New York, Kings County, against Pennsylvania Railroad Company, to recover for personal injuries sustained as a result of certain acts of a Pennsylvania Railroad "hoister" while he was unloading a barge; the complaint alleged negligence and unseaworthiness. The Pennsylvania removed the action to the District Court for the Eastern...

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