National Fire Insurance v. Pennsylvania Railroad

QUILLEN, Judge:

The above matter comes before the Court on defendants’ Motion for Summary Judgment. Plaintiff is the insurance carrier for the Board of Harbor Commissioners of the City of Wilmington and brings this action as subrogee to the rights and liabilities of its insured. Plaintiff claims it is entitled to recover from defendants the sum of $2,300 paid to its insured for the insured’s gantry crane at the Marine Terminal. Certain cars of a freight train owned and operated by the defendants became derailed and collided with the crane causing the damage. The exact nature of the agreement…