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BROXSON v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO.

No. 23540.

446 F.2d 628 (1971)

Melburn E. BROXSON, Plaintiff-Appellee, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 13, 1971.

Attorney(s) appearing for the Case

James E. Nelson (argued), Warren H. Ploeger, J. Fred Simpson, Seattle, Wash., for defendant-appellant.

R. Max Etter (argued), and Seaton M. Daly (argued), of Etter & Etter, James P. Connelly (argued), of Cashatt, Williams, Connelly & Rekofke, Spokane, Wash., for plaintiff-appellee.

Before HAMLIN and DUNIWAY, Circuit Judges, and CURTIS, District Judge.

DUNIWAY, Circuit Judge:

In this diversity action the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the Railroad) appeals from a judgment entered on a jury verdict awarding damages to Broxson and from a judgment of dismissal of the Railroad's third-party action against Thrifty1 for indemnification. We affirm the judgment for Broxson, but reverse the dismissal of the Railroad's claim against Thrifty.

The Railroad owns...

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