EDWARD LEVY METALS, INC. v. NEW ORLEANS PUB. BELT R.

No. 46143.

148 So.2d 580 (1963)

243 La. 860

EDWARD LEVY METALS, INC. v. NEW ORLEANS PUBLIC BELT RAILROAD.

Supreme Court of Louisiana.

January 14, 1963.


Attorney(s) appearing for the Case

Pat W. Browne, Jr., and Thomas G. Rapier of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant-third party plaintiff-appellant-relator.

Herbert S. Weil, Walter F. Marcus, New Orleans, for third-party defendant-appellee-respondent.


SUMMERS, Justice.

During February 1957 (the exact date not being shown by the pleadings) Edward Levy Metals, Inc., loaded a freight car with scrap steel. The car was turned over to New Orleans Public Belt Railroad with instructions that it be transported to New Orleans Cotton Warehouse to be unloaded there onto a vessel then in the port of New Orleans.

A portion of the scrap steel was unloaded onto the designated vessel that was almost full and unable to receive...

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