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CAPOZZI v. BLANCHETTE

Civ. 76-269.

433 F.Supp. 704 (1977)

John F. CAPOZZI and Margaret Capozzi, Plaintiffs, v. Robert W. BLANCHETTE, Richard C. Bond, and John H. McArthur, Trustees of Penn Central Transportation Company, Defendant and Third-Party Plaintiff, v. DRESSER CLARK DIVISION, DRESSER INDUSTRIES, Third-Party Defendant.

United States District Court, W. D. New York.

July 13, 1977.

Attorney(s) appearing for the Case

Bailey & Erickson, Jamestown, N. Y., for plaintiffs; James J. Moran, Jamestown, N. Y., of counsel.

Brown, Kelly, Turner, Hassett & Leach, Buffalo, N. Y., for defendant and third-party plaintiff; Ogden R. Brown, Buffalo, N. Y., of counsel.

Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y., for third-party defendant; James S. McAskill, Buffalo, N. Y., of counsel.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

This action is before me upon my motion for plaintiffs to show cause why the fifth and sixth claims for relief should not be stricken. Plaintiff John F. Capozzi was injured while in the employ of third-party defendant Dresser Industries, Inc. The injury occurred when an allegedly defective railroad car which was sold by defendant to Dresser Industries, Inc. caused a flask to fall upon John Capozzi's foot resulting...

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