Legal Opinion

Chester A. Poling, Inc. v. City of New York

District Court, E.D. New York

Decided October 25, 1939No. 15618PublishedCited by 1 opinion

1Opinion of the Court

GALSTON, District Judge.

The facts in this case are undisputed.

The libellant seeks to recover damages alleged to have resulted from respondent’s delay in opening the Pelham Bascule Bridge. This bridge opens vertically in mid-stream by the raising of two leaves, one leaf pivoted on the New York side and the other on the Westchester side of the river.

It appears that on September 30, 1938, at about 2:30 P. M., the bridge operator, after allowing a boat to go through, closed the bridge and heard an unusual noise which led him to believe that trouble had occurred in the operation. On inspection he…

2Cases cited2 opinions

  1. Clement v. Metropolitan West Side El. Ry. Co.Court of Appeals for the Seventh Circuit · 1903
  2. Newtown Creek Towing Co. v. City of New YorkDistrict Court, E.D. New York · 1931

3Cited by1 opinion

  1. Nassau County Bridge Authority v. Tug Dorothy McAllisterDistrict Court, E.D. New York · 1962

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