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MONTGOMERY WARD & CO. v. NEW YORK CENTRAL RAILROAD CO.

No. 223, Docket 31643.

389 F.2d 556 (1968)

MONTGOMERY WARD & CO., Incorporated, Plaintiff-Appellee, v. The NEW YORK CENTRAL RAILROAD COMPANY and Trukon, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided January 22, 1968.

Attorney(s) appearing for the Case

John M. Johnston, New York City (White & Case, Thomas A. Butler, New York City, on the brief), for plaintiff-appellee.

Jerome H. Shapiro, New York City (Gerald E. Dwyer, C. Austin White, New York City, on the brief), for defendant-appellant, The New York Central Railroad Co.

Max J. Gwertzman, New York City, for defendant-appellant, Trukon, Inc.

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

LUMBARD, Chief Judge.

New York Central Railroad Co. and Trukon, Inc., defendants in this diversity action, appeal from a judgment entered after a trial before Judge Tenney and a jury in the Southern District of New York, awarding to plaintiff Montgomery Ward & Co. Inc., $354,000 damages for merchandise destroyed by a fire at a freight loading platform owned by New York Central and leased to Trukon. New York Central contends that the evidence concerning its control...

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