Legal Opinion
Wendelen v. Commander Larabee Milling Co.
District Court, W.D. New York
Decided June 16, 1950No. Civ. No. 2121PublishedCited by 2 opinions
1Opinion of the Court
KNIGHT, Chief Judge.
This is a motion for summary judgment under Rule 56 of Federal Rules of Civil Procedure, 28 U.S.C.A., pending since 1945.
The complaint, filed February 15, 1945, alleges that plaintiff is a citizen of New York State and defendant a Maryland corporation, owner of a building in Buffalo, N. Y. known as Buffalo Flour Mills; that, on November 14, 1944, there was attached to said building “a marine leg” which was used to unload into it grain from vessels; that said building had a dock adjoining a navigable stream on which was located a barge from which grain was being unloaded ;…
2Cases cited2 opinions
- Minnie v. Port Huron Terminal Co.Supreme Court of the United States · 1935
- Reinhart v. Gerosa Crane Service Co.Appellate Division of the Supreme Court of the State of New York · 1941
3Cited by2 opinions
- Searle v. Great Northern Railway Co.District Court, D. Montana · 1960
- Inza Wendelen, as Administratrix of the Estate of Charles Wendelen, Deceased v. Commander Larabee Milling Company, Defendant-RespondentCourt of Appeals for the Second Circuit · 1951