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ANELLO v. MURPHY MOTOR FREIGHT LINES, INC.

Nos. 6, 7, 18, Dockets 73-2156, 74-1445, 73-2274.

525 F.2d 276 (1975)

John ANELLO and Phyllis Anello, Plaintiffs-Appellees, v. MURPHY MOTOR FREIGHT LINES, INC., and Maislin Brothers Transport Limited, Defendants-Appellants, and Harrison Radiator Division of General Motors Corporation, Defendant. MURPHY MOTOR FREIGHT LINES, INC., Third-Party Plaintiff, v. MAISLIN BROTHERS TRANSPORT LIMITED et al., Third-Party Defendants. MAISLIN BROTHERS TRANSPORT LIMITED, Third-Party Plaintiff, v. GOOD'S TRANSPORTATION SERVICE, Third-Party Defendant-Appellant, and Harrison Radiator Division of General Motors Corporation, and Murphy Motor Freight Lines, Inc., Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided June 18, 1975.

Attorney(s) appearing for the Case

George T. Ganey, Jr., Buffalo, N. Y. (Cohen, Lombardo, Blewett, Fisher & Hite, Buffalo, N. Y., on the brief), for plaintiffs-appellees.

Edward J. O'Connor, Buffalo, N. Y. (Miller, Bouvier, O'Connor & Cegielski, Buffalo, N. Y., on the brief), for defendant-appellant Murphy Motor Freight Lines, Inc.

James S. McAskill, Buffalo, N. Y. (Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., on the brief), for defendant-appellant Maislin Brothers Transport Limited.

John J. Heffernan, Buffalo, N. Y. (Palmer, Heffernan, Wickser & Beyer, Buffalo, N. Y., on the brief), for third-party defendant-appellant Good's Transportation Service.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This appeal involves the consequences of a nail protruding from the floor of a trailer that punctured the right foot of John Anello while he was employed as a shipping foreman at the plant of the Fedders Corporation (Fedders) in Buffalo, New York, on October 29, 1968.

After a jury trial in the Western District of New York before John T. Curtin, Chief Judge, a judgment was entered on March 20, 1973 awarding John Anello $55,000...

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