NOPCO CHEMICAL CO. v. BLAW-KNOX CO.


113 N.J. Super. 19 (1971)

272 A.2d 549

NOPCO CHEMICAL COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BLAW-KNOX COMPANY, A CORPORATION OF NEW YORK, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1971.


Attorney(s) appearing for the Case

Mr. Albert E. Fershing argued the cause for appellant (Messrs. Shurkin, Hersh & Fershing, attorneys).

Mr. Augustus Nasmith argued the cause for respondent Blaw-Knox Company (Messrs. Carpenter, Bennett & Morrissey, attorneys).

Mr. John Methfessel argued the cause for respondent Central New York Freightways (Mr. Samuel A. Gennet, attorney).

Mr. Neil Reiseman argued the cause for respondent Harrison Warehouse Corporation (Messrs. Schreiber and Lancaster, attorneys).

Mr. Richard M. Icklan argued the cause for respondent Belby Transfer Company (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Mr. Marvin A. Sacks argued the cause for respondent John S. Geiger & Sons, Inc. (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.


PER CURIAM.

We are constrained to agree with the judgment of dismissal as to all defendants in this case, notwithstanding the probability that the damage to the equipment occurred while it was being loaded or unloaded by crane and cable by one or more of defendants, Blaw-Knox, Harrison Warehouse, Geiger or Belby.1

The only substantial proof as to how the damage occurred was that it was by steel cables rubbing against the equipment...

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