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FERGUSON v. ERIE RAILROAD COMPANY

235 F.Supp. 72 (1964)

William F. FERGUSON, Plaintiff, v. ERIE RAILROAD COMPANY and William Spencer & Son Corporation, Defendants. ERIE RAILROAD COMPANY, Defendant and Third-Party Plaintiff, v. WILLIAM SPENCER & SON CORPORATION, Third-Party Defendant.

United States District Court S. D. New York.

April 30, 1964.

Attorney(s) appearing for the Case

DiCostanzo, Klonsky & Sergi, Brooklyn, N. Y., for plaintiff, Robert Klonsky, Brooklyn, N. Y., of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant Erie R. Co., J. Roger Carroll, New York City, of counsel.

Perrell, Nielsen & Stephens, New York City, for defendant William Spencer & Son, Corp., Tidal B. Henry, Jr., and John W. Fuhrman, New York City, of counsel.

FEINBERG, District Judge.

This is an action by plaintiff William F. Ferguson against Erie Railroad Company ("Erie") and William Spencer & Son Corporation ("Spencer") for personal injuries sustained when caustic soda came into contact with plaintiff's right eye while he was employed by Erie as a barge captain. The suit against Erie is based upon both the Jones Act, 46 U.S.C. § 688, and the alleged unseaworthiness of the barge. The suit against Spencer is based...

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