Burns Bros. v. Carfloat Central R. R. of New Jersey No. 42

BYERS, District Judge.

This cause can be thought of as a reincarnation of the case between the same parties reported in Burns Bros. v. Long Island R. Co., 2 Cir., 176 F.2d 406, modifying Burns Bros. v. Erie R. Co., D.C., 79 F.Supp. 948, and has for its object the recovery of a decree against the Central Railroad Company of New Jersey establishing secondary liability in re’tn. The cause in its original aspect was in personam and the libel was filed August 23, 1945 and came to trial March 25, 1947, somewhat in piecemeal, the last testimony seemingly-being taken on May 26, 1947. ■ On June 1, 1948…