B. PRIESTLEY & CO. v. CUNARD S. S. CO.

No. 16.

29 F.2d 39 (1928)

B. PRIESTLEY & CO., Inc., v. CUNARD S. S. CO., Limited.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.


Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City (James S. Hemingway and Jesse Hoyt, both of New York City, of counsel), for appellant.

Theodore L. Bailey, of New York City, for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

Appellee, as consignee of a cargo of silk shipped from Liverpool to New York on the steamship Franconia, sent its truck driver to obtain delivery at appellant's piers along Eleventh avenue, New York City. There the goods were delivered at a chute at the second doorway facing on the avenue. The driver backed his truck to the platform and stayed with it while the cargo was being loaded by a man employed by the driver. Neither had any connection...

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