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PENNSYLVANIA R. CO. v. CHICAGO, M., ST. P. & P. R. CO.

No. 16085.

389 F.2d 67 (1968)

The PENNSYLVANIA RAILROAD COMPANY, a corporation, lessee of the Philadelphia, Baltimore and Washington Railroad Company, a corporation, successor to the Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company (formerly Railway Company), Plaintiff-Appellee, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation, formerly Chicago, Milwaukee and St. Paul Railway Company, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 23, 1968.

Attorney(s) appearing for the Case

James P. Reedy, William J. Harte, Chicago, Ill., for defendant-appellant.

Cornelius P. Callahan, Chicago, Ill., for plaintiff-appellee.

Before DUFFY, Senior Circuit Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.

DUFFY, Senior Circuit Judge.

This is a diversity suit by the Pennsylvania Railroad (Pennsylvania) aganst Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee) for a reimbursement of money paid and for attorney fees incurred by Pennsylvania in settlement of a lawsuit by a minor (Hampton) who was injured on the Pennsylvania right-of-way. Illinois law is applicable. The suit is based on a trackage agreement between the two railroads. The agreement contained...

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