J & H FLYER INC. v. PENNSYLVANIA RAILROAD COMPANY

No. 246, Docket 27842.

316 F.2d 203 (1963)

J & H FLYER INC., Plaintiff-Appellant, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 19, 1963.


Attorney(s) appearing for the Case

Max J. Gwertzman, New York City, for plaintiff-appellant.

David J. Mountan, Jr., of Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant-appellee.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.


CLARK, Circuit Judge.

On October 24, 1958, one Rothenberg, a salesman for plaintiff-appellant, a jewelry company, delivered two bags to a redcap porter at the Pennsylvania Railroad Company's Euclid Avenue station in Cleveland, Ohio. One of the bags contained jewelry worth around $50,000 which plaintiff had entrusted to its salesman. The redcap, who was not notified of the valuable contents, placed both bags on a two-tiered baggage truck which he had with him on the...

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