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SALERNO v. NEW YORK CENT. R. R. CO.

40 Misc.2d 785 (1963)

Stephen Salerno, Plaintiff, v. New York Central Railroad Company et al., Defendants. Pacific Fruit Express Company, Third-Party Plaintiff, v. Beech-Nut Life Savers, Inc., Third-Party Defendant.

Supreme Court, Monroe County.

September 11, 1963

Attorney(s) appearing for the Case

MacFarlane, Harris, Martin, Kendall & Dutcher (Delon F. Mousaw of counsel), for plaintiff. Harris, Beach, Wilcox, Dale & Linowitz (Edward R. Macomber of counsel), for New York Central Railroad Company, defendant. Nixon, Hargrave, Devans & Doyle (David L. Hoffberg of counsel), for Pacific Fruit Express Company, defendant and third-party plaintiff. Moser, Johnson & Reif (Richard G. Crawford of counsel), for third-party defendant.

GEORGE W. PRATT, J.

In February, 1960, Pacific Fruit Express Company furnished Beech-Nut Company at its San Jose, California, plant dry refrigerator car PFE 10753 with bulkhead at one end in a collapsed position. The car was transmitted to the San Jose plant over several railroads and then travelled easterly over several more railroads, finally arriving over the New York Central Railroad at the Beech-Nut plant...

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