Legal Opinion

Zimmerman v. Timpany

District Court, S.D. New York

Decided June 4, 1975No. 71 Civ. 739 (IBC)PublishedCited by 1 opinion

1Opinion of the Court

OPINION

IRVING BEN COOPER, District Judge.

We have before us two motions. The first, by third-party defendant FMC Corporation (“FMC”), seeks to set aside the jury’s verdict in this case, pursuant to Fed.R.Civ.P. 59. The second, by defendant-third party plaintiff Robert Timpany, as Trustee for the Central *92Railroad of New Jersey (“CNJ”), seeks indemnification against FMC.

On December 9, 1969 at about 5:30 P.M. plaintiff Robert J. Zimmerman (“Zimmerman”) was freight conductor on a six-car train being routed onto FMC’s sidetrack at Carteret, New Jersey. Zimmerman was riding on a ladder of the first…

2Cases cited13 opinions

  1. Dery v. WyerCourt of Appeals for the Second Circuit · 1959
  2. Adler's Quality Bakery, Inc. v. Gaseteria, Inc.Supreme Court of New Jersey · 1960
  3. Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
  4. The Pennsylvania Railroad Company, Third-Party v. Erie Avenue Warehouse Co., Third-PartyCourt of Appeals for the Third Circuit · 1962
  5. Public Service Elec. and Gas Co. v. WaldroupNew Jersey Superior Court Appellate Division · 1955

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3Cited by1 opinion

  1. Pyzynski v. Pennsylvania Central Transportation Co.District Court, W.D. New York · 1977

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