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LUCAS MACH. DIV., NEW BRITAIN MACH. CO. v. NEW YORK CENT. R. CO.

No. C 62-243.

236 F.Supp. 281 (1964)

LUCAS MACHINE DIVISION, NEW BRITAIN MACHINE COMPANY, Plaintiff, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant.

United States District Court N. D. Ohio, E. D.

January 23, 1964.

Attorney(s) appearing for the Case

Theo. M. Mann, Cleveland, Ohio, for plaintiff.

Paul C. Hopkins, Thomas R. Skulina, Cleveland, Ohio, for defendant.

PAUL JONES, District Judge.

On March 1, 1960, plaintiff shipped a horizontal boring machine by means of the defendant's railroad. The machine arrived at its destination in a damaged condition. The consignee, Aura, Inc., refused to accept the machine, and it was returned to plaintiff's plant in Cleveland. On April 14, 1960, several freight claim agents of the defendant came to plaintiff's plant to examine and photograph the damaged machine. The defendant's agents instructed...

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