Legal Opinion

McDowell Associates, Inc. v. Pennsylvania Railroad

District Court, S.D. New York

Decided June 27, 1956PublishedCited by 4 opinions

1Opinion of the Court

LEVET, District Judge.

This is an action by a shipper against a carrier to recover for damages to certain machinery which was shipped in defendant’s cars and which was allegedly damaged in transit.

During the course of an examination conducted by the defendant, the following questions were asked of plaintiff’s president, to which plaintiff’s counsel objected:

“Q. Did you file any claims with the insurance companies or insurance company in connection with any of this machinery that was damaged in transportation by rail?
“Q. Did you file any claims with the insurance companies on the policies…

2Cases cited3 opinions

  1. Martyn v. BraunAppellate Division of the Supreme Court of the State of New York · 1946
  2. McGovern v. OliverAppellate Division of the Supreme Court of the State of New York · 1917
  3. Rashall v. MorraAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by4 opinions

  1. Di Pietruntonio v. Superior CourtArizona Supreme Court · 1958
  2. Jackson v. Kroblin Refrigerated Xpress, Inc.District Court, N.D. West Virginia · 1970
  3. Wood v. Todd ShipyardsDistrict Court, S.D. Texas · 1968
  4. Montánez v. Delwis, Inc.District Court, D. Delaware · 1966

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