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ERIE LACKAWANNA RAILWAY CO. v. TIMPANY

No. 571, Docket 73-2336.

495 F.2d 830 (1974)

ERIE LACKAWANNA RAILWAY CO., Plaintiff-Appellee, v. Robert D. TIMPANY (formerly John E. Farrell) solely as Trustee of the property of the Central Railroad Co. of New Jersey, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 9, 1974.

Attorney(s) appearing for the Case

Timothy A. Hanan, New York City (Macklin, Hanan & McKernan, New York City, on the brief), for plaintiff-appellee.

Louis P. Sheinbaum, New York City (Bigham Englar Jones & Houston, New York City, on the brief), for defendant-appellant.

Before KAUFMAN, Chief Judge, and FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court, Southern District of New York, entered on June 8, 1973, following an opinion of the Hon. Robert L. Carter, United States District Judge, dated May 30, 1973, which found the appellant Robert D. Timpany, as Trustee of the property of the Central Railroad Co. of New Jersey (Central), solely responsible for damage in the amount of $34,000 plus interest and costs, to a hoist...

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