District Court, E.D. New York February 3, 1955, Civ. A. No. 11429 (Pennsylvania Railroad v. Allen N. Spooner & Son, Inc.)

RAYFIEL, Judge.

Harvey Miller commenced an action against Pennsylvania Railroad Company, hereinafter called “Penn”, to recover damages for personal injuries sustained by him as a result of “Penn’s” negligence. The latter then caused a third-party complaint to be served upon plaintiff’s employer, Allen N. Spooner & Son, Inc.