EADES v. UNION RAILWAY COMPANY

No. 17512.

396 F.2d 798 (1968)

Helen EADES, Administratrix of the Estate of Joe Carroll Eades, Plaintiff-Appellee, v. UNION RAILWAY COMPANY, Defendant and Third-Party Plaintiff-Appellee, v. SWIFT & COMPANY, Third-Party Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

Rehearing Denied July 26, 1968.


Attorney(s) appearing for the Case

William M. Fitzhugh, Memphis, Tenn., Evans, Petree, Cobb & Edwards, Memphis, Tenn., on brief, for Swift & Co.

James W. McDonnell, Jr., Memphis, Tenn., Canada, Russell & Turner, Memphis, Tenn., of counsel, for Union Ry. Co.

Before O'SULLIVAN, McCREE, and COMBS, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment of the District Court that the Union Railway Company is entitled to indemnification by Swift & Company for the damages awarded to Helen Eades in a suit brought by her against the railroad for negligently causing the death of her husband.

Mr. Eades was crushed to death between the Union train and the wall of a Swift feed mill. The clearance between the track and the...

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