Legal Opinion

Kelly v. Pennsylvania Railroad

District Court, E.D. New York

Decided February 24, 1956No. Nos. 18563, 18788Published

1Opinion of the Court

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 28, 1946 there were loaded on board the Margaret, at Pier K, Jersey City, 3,448 boxes of fresh fruit. On the morning of November 29, the barge…

2Cases cited9 opinions

  1. Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
  2. Doherty v. Pennsylvania R.Court of Appeals for the Second Circuit · 1920
  3. CF HARMS CO. v. Erie R. Co.Court of Appeals for the Second Circuit · 1948
  4. THOMAS JORDAN, Inc. v. MAYRONNE DRILLING MUD, CHEMICAL & ENGINEERING SERVICECourt of Appeals for the Fifth Circuit · 1954
  5. Dempsey v. DowningCourt of Appeals for the Fourth Circuit · 1926

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