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KELLY v. PENNSYLVANIA RAILROAD COMPANY

Nos. 18563, 18788.

139 F.Supp. 658 (1956)

Hannah M. KELLY, as Executrix of the Estate of James J. Kelly, Libellant, v. The PENNSYLVANIA RAILROAD COMPANY, Respondent, and Waterman Steamship Corp. and Ryan Stevedoring Company, Inc., Respondents-Impleaded, and Arthur Erb, Jr., and Alfred Schechter, individually and as copartners doing business as the Coastal Coopering & Strapping Service, and Inge & Company, Inc., Respondent-Impleaded. The PENNSYLVANIA RAILROAD COMPANY, Libellant, v. WATERMAN STEAMSHIP CORP., Ryan Stevedoring Company, and Hannah M. Kelly, as Executrix of the Estate of James J. Kelly, Respondents.

United States District Court E. D. New York.

February 24, 1956.

Attorney(s) appearing for the Case

Alexander & Ash, New York City, Proctors for libellant, Hannah M. Kelly, executrix, Sidney A. Schwartz, New York City, Advocate.

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, Proctors for respondents-impleaded Ryan and Waterman, Edward C. Kalaidjian, New York City, and Robert S. Stitt, New Rochelle, N. Y., Advocates.

Burlingham, Hupper & Kennedy, New York City, Proctors for respondent The Pennsylvania Railroad Company, Robert A. Feltner, New York City, Advocate.

Frederick Pennell, New York City, Proctor for respondents-impleaded Arthur Erb and Alfred Schechter, individually and as co-partners doing business as the Coastal Coopering and Strapping Service.

GALSTON, District Judge.

These two actions were consolidated for the purposes of the trial. The libels arose out of the damage sustained by the scow Margaret and her cargo of fruit on or about December 2, 1946.

The Margaret was under oral harbor charter to the Pennsylvania Railroad Company for the period from August 29, 1946, to December 4, 1946. On December 4, 1946 the Pennsylvania Railroad Company returned the scow in a damaged condition.

On November...

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