JOSEPH T. RYERSON & SON, INC. v. H. A. CRANE & BROTHER, INC.

No. 17574.

417 F.2d 1263 (1969)

JOSEPH T. RYERSON & SON, INC., Appellant, v. H. A. CRANE & BROTHER, INC., Towmotor Corp., and Allied Chemical Corp.

United States Court of Appeals Third Circuit.

Decided October 31, 1969.


Attorney(s) appearing for the Case

Bertram M. Light, Jr., Newark, N. J., for appellant.

Peter J. McDonald, George D. McLaughlin, Newark, N. J., argued for appellee H. A. Crane & Brother, Inc.

James T. Clare, Stryker, Tams & Dill, Newark, N. J., argued for appellee Allied Chemical Corp.

Before KALODNER, VAN DUSEN and STAHL, Circuit Judges.


OPINION OF THE COURT

STAHL, Circuit Judge.

This diversity action, based on negligence, arises out of a fire which occurred in appellant Ryerson's building in Jersey City, New Jersey. There was no reliable indication as to the cause of the fire. Indeed, without objection, the court below charged the jury that "there has been no proof asserted as to the origin of the fire." Appendix (App.) 549a.

Plaintiff-appellant sued three parties for damages from...

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