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CHICAGO & I.M.R. CO. v. PILLSBURY MILLS, INC.

Gen. No. 10,517.

47 Ill. App.2d 373 (1964)

198 N.E.2d 126

Chicago & Illinois Midland Railway Company, a Corporation, Plaintiff, v. Pillsbury Mills, Inc., a Corporation, Evans Construction Co., a Corporation, Novelli Construction Co., a Corporation, and Krueger Construction Co., Inc., a Corporation, Defendants. Chicago & Illinois Midland Railway Company, a Corporation, Plaintiff-Appellee, and Novelli Construction Co., a Corporation, Defendant-Appellee, v. Pillsbury Mills, Inc., a Corporation, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

April 27, 1964.

Attorney(s) appearing for the Case

Hershey and Bliss, of Taylorville, and R.G. Heckenkamp, of Springfield, for Pillsbury Mills, Inc., defendant.

Graham and Graham, and C.D. Forth, both of Springfield, for appellee.

WRIGHT, JUSTICE.

This action was instituted by the plaintiff, Chicago & Illinois Midland Railway Company, on the theory of indemnity to recoup $10,168.14 which it paid out to settle a claim asserted against it under the Federal Employers' Liability Act by an employee, Curtis Barron, who was injured when he tripped or stumbled over an old railroad tie lying on switch tracks owned by the defendant, Pillsbury Mills...

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