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WORLD PRODUCTS, INC. v. CENTRAL FREIGHT SERVICE, INC.

Nos. 14731, 14732.

342 F.2d 290 (1965)

WORLD PRODUCTS, INC., a Corporation of the State of Ohio (Plaintiff), Appellant in No. 14731, v. CENTRAL FREIGHT SERVICE, INC., a Corporation of the State of New Jersey (Defendant), Appellant in No. 14732.

United States Court of Appeals Third Circuit.

Decided February 15, 1965.

Attorney(s) appearing for the Case

H. Kermit Green, Newark, N. J. (Green & Lasky, by George J. Lasky and Robert B. Silverman, Newark, N. J., on the brief), for appellant in 14731.

Charles E. Howell, Madison, N. J., for appellant in 14732.

H. Kermit Green, Newark, N. J., for appellee in 14732.

Charles E. Howell, Madison, N. J., for appellee in 14731.

Before KALODNER, GANEY and FREEDMAN, Circuit Judges.

FREEDMAN, Circuit Judge.

This is an action against a warehouseman to recover damages for negligence and breach of a contract of bailment.

Plaintiff imported a quantity of pipe fittings from Japan. They ultimately were stored in defendant's main warehouse located in Edgewater, New Jersey. Part of the warehouse extended over the Hudson River.

On September 12, 1960, Hurricane Donna struck the area and as a result the tidewaters of the Hudson River rose...

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