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CASELLA v. NORFOLK & WESTERN RAILWAY CO.

Nos. 9716, 9717.

381 F.2d 473 (1967)

Arsenio J. CASELLA, Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY and the Baltimore and Ohio Railroad Company, Appellees. FRANK M. SAYFORD COMPANY, Appellant, v. NORFOLK AND WESTERN RAILWAY COMPANY and the Baltimore and Ohio Railroad Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 22, 1967.

Attorney(s) appearing for the Case

William A. Blank, Brooklyn, N. Y. (Thomas C. Elder, Staunton, Va., on brief), for appellant, Casella.

John H. Locke and William R. Rakes, Roanoke, Va. (Gentry, Locke & Rakes, Roanoke, Va., on brief), for appellant, Frank M. Sayford Co,

Edw. R. Slaughter, Jr., Charlottesville, Va. (Richard L. Williams, Richmond, Va., and Battle, Neal, Harris, Minor & Williams, Charlottesville, Va., on brief), for appellee, Norfolk & W. R. Co.

J. Sloan Kuykendall, Winchester, Va. (Kuykendall & Whiting, Winchester, Va., on brief), for appellee, The Baltimore & O. R.R. Co.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

HAYNSWORTH, Chief Judge:

Summary judgment, we conclude, was appropriately entered for the railroads in this tort action for personal injury brought by an employee of the consignee against the consignor, the originating carrier and a connecting carrier, in which the consignor also claimed indemnity from the receiving railroad.

The plaintiff was severely injured when struck on the head by a machinepressed bale of waste...

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