CHICAGO & NORTH WESTERN RY. CO. v. CHICAGO, R. I. & P. R. CO.

Civ. No. 793.

179 F.Supp. 33 (1959)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Plaintiff, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Defendant.

United States District Court N. D. Iowa, Central Division.

December 7, 1959.


Attorney(s) appearing for the Case

Frank W. Davis, Ray H. Johnson, Jr., Davis, Huebner, Johnson, Herring & Burt, Des Moines, Iowa, Dwight G. Rider, Rider, Bastian & Beisser, Fort Dodge, Iowa, for plaintiff.

A. B. Howland, Des Moines, Iowa, John H. Mitchell, Mitchell, Mitchell & Murray, Fort Dodge, Iowa, for defendant.


GRAVEN, District Judge.

In this action the plaintiff, Chicago and North Western Railway Company, having paid $70,000 to one Kleppe, one of its brakemen, in settlement of his claim for injuries against it, asks indemnity or, in the alternative, contribution from the defendant, Chicago, Rock Island & Pacific Railroad Company. The injuries for which settlement was made were received in connection with the operation of a hand brake on a car owned by the defendant...

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