National Fuel Gas Distribution Corp. v. Amstead Industries, Inc.

CARNEY, P.J.,

— This action is before the court on the motion for summary judgment of Penn Central Transportation Company and its trustees (hereinafter Penn Central) and the Youngstown and Southern Railway Company. National Fuel Gas Distribution Corporation (hereinafter NFG) seeks recovery for damages to a large shipment of pipe from North Lima, Ohio, to Kane, Pennsylvania, in July 1972. The pipe was shipped via the Youngstown and Southern and Penn Central.

*332NFG’s fourth amended complaint sets forth seven counts of which five are against the railroads. Count III of the complaint is in assumpsit…