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COUNTY OF WYOMING, N. Y. v. INSURANCE CO. OF NO. AM.

No. 674, Docket 74-2252.

518 F.2d 23 (1975)

COUNTY OF WYOMING, NEW YORK, Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant, and Erie Lackawanna Railway Company et al., Defendants-Respondents.

United States Court of Appeals, Second Circuit.

Decided June 16, 1975.

Attorney(s) appearing for the Case

Wallace J. Stakel, Batavia, N. Y. (Stakel, Suttell & Found, Batavia, N. Y.), for appellee.

James S. McAskill, Buffalo, N. Y. (Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., James N. Schmit, Buffalo, N. Y., of counsel), for defendant-appellant.

Frank G. Godson, Buffalo, N. Y. (Smith, Murphy & Schoepperle, Buffalo, N. Y., of counsel), for defendant-respondent Hartford Accident and Indemnity Co.

Before MULLIGAN, TIMBERS and GURFEIN,

MULLIGAN, Circuit Judge:

On July 14, 1969 a freight train operated by the Erie Lackawanna Railway Company (Erie Lackawanna) collided with a road paving machine owned by Midland Asphalt Corporation (Midland) and leased to the County of Wyoming (Wyoming). The collision occurred in the Town of Genesee Falls, Wyoming County at the intersection of County Road 38 and the Erie Lackawanna railroad tracks. The paver was being utilized to resurface the county road and...

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