DELANEY v. TOWMOTOR CORPORATION

No. 30, Docket 28910.

339 F.2d 4 (1964)

William J. DELANEY, an infant by Helen Delaney, his Guardian ad Litem, and Helen Delaney, Plaintiffs-Appellees, v. TOWMOTOR CORPORATION, Defendant and Third-Party Plaintiff-Appellant, v. MARINE & INDUSTRIAL EQUIPMENT CO., Third-Party Defendant-Appellee. TOWMOTOR CORPORATION, Fourth-Party Plaintiff-Appellant, v. T. HOGAN & SONS, INC., Fourth-Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 3, 1964.


Attorney(s) appearing for the Case

Benjamin H. Siff, New York City (Allen M. Taylor, New York City), for appellant, Towmotor Corporation.

Chester A. Hahn, New York City (Sylvia Miller, New York City), for plaintiffs-appellees.

Before LUMBARD, Chief Judge, and FRIENDLY and MARSHALL, Circuit Judges.


FRIENDLY, Circuit Judge.

Defendant Towmotor Corporation is a manufacturer of fork lift trucks, often described as hilos, which it marketed in New York City through a sole distributor, A. A. Moore, Inc. It developed a new model, containing an overhead guard manufactured by the third-party defendant, Marine & Industrial Equipment Co. On the instructions of Towmotor's New York service manager, one of the new lifts, owned by Towmotor, was delivered to T. Hogan &...

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