GULF, M. & O.R. CO. v. ARTHUR DIXON TRANSFER CO.

Gen. No. 45,108.

343 Ill. App. 148 (1951)

98 N.E.2d 783

Gulf, Mobile and Ohio Railroad Company, substituted for Henry A. Gardner, Trustee of the Alton Railroad Company, Appellant, v. Arthur Dixon Transfer Company, Appellee.

Appellate Court of Illinois.

Released for publication May 8, 1951.


Attorney(s) appearing for the Case

WINSTON, STRAWN, SHAW & BLACK, of Chicago, for appellant; DOUGLAS C. MOIR, EDWARD J. WENDROW, and NEIL McKAY, all of Chicago, of counsel.

ECKERT, PETERSON & LEEMING, of Chicago, for appellee; A.R. PETERSON, HAROLD HUFF, and HERBERT C. LOTH, JR., all of Chicago, of counsel.


MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an action in which plaintiff seeks to recover from defendant moneys paid by plaintiff's predecessors in interest (Alton Railroad Company and the Trustee thereof) in settlement of the claim of one Wehunt, a switchman. A motion to strike the second amended complaint was sustained and suit dismissed, from which order plaintiff appeals. Inasmuch as...

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