HAWTHORN-MELLODY, ETC. v. ELGIN, J. & E. RY. CO.

Gen. No. 47,330.

18 Ill. App.2d 154 (1958)

151 N.E.2d 393

Hawthorn-Mellody Farms Dairy, Inc., for Use of Lumbermens Mutual Casualty Company, Plaintiff, v. Elgin, Joliet and Eastern Railway Company, Defendant and Third Party Plaintiff-Appellant, v. John F. Cuneo, and Hawthorn-Mellody Farms Dairy, Inc., Division of American Processing and Sales Company, Third Party Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

Released for publication July 15, 1958.


Attorney(s) appearing for the Case

Stevenson, Conaghan, Velde & Hackbert, of Chicago (Harlan L. Hackbert, and Robert L. Hesse, of counsel) for appellant.

Wyatt Jacobs of Jacobs, Miller, Rooney & Lederleitner, of Chicago (Joseph B. Lederleitner, and William L. Eifrig, of counsel) for appellees.


PRESIDING JUSTICE KILEY delivered the opinion of the court.

This is an action by an insurance carrier, as subrogee, to recover workmen's compensation, in the amount of $932.50, paid to two employees of Hawthorn-Mellody Farms Dairy, Inc., who were injured in a collision between a truck and a train of defendant railroad. The railroad answered and filed a third-party action against Hawthorn-Mellody and Cuneo for indemnity...

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