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Petty v. Penn Central Co.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: February 10, 1971.

ARLANDER PETTY, PLAINTIFF,
v.
PENN CENTRAL COMPANY, DEFENDANT-APPELLEE, AND CLARK EQUIPMENT COMPANY, DEFENDANT-APPELLANT

Waterman and Friendly, Circuit Judges, and McLean, District Judge.*fn*

Author: Per Curiam

One Arlander Petty, an employee of the New York Central Railroad, was found to be entitled under the Federal Employers Liability Act to damages against the Railroad for injuries suffered by him in the course of his employment. Petty was a fork lift operator and was injured when the boom of the machine collapsed upon him. It was owned by Clark Equipment Company which leased it to the Railroad.

The Railroad had timely filed a cross-claim for indemnity against Clark. This cross-claim was heard by Judge Croake below, who granted it in its entirety and filed a written unreported memorandum opinion.

We affirm the judgment below upon the opinion of Judge Croake.

Disposition

We affirm the judgment below upon the opinion of Judge Croake.


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