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WALTER v. DOW CHEMICAL CO.

Docket No. 11044.

37 Mich. App. 728 (1972)

195 N.W.2d 323

WALTER v. DOW CHEMICAL COMPANY

Michigan Court of Appeals.

Decided January 20, 1972.

Attorney(s) appearing for the Case

Egloff, Mainolfi, Taylor, McGraw & Collison, for third-party plaintiff Dow Chemical.

Weadock & Montgomery (Robert A. Straub, of counsel), for third-party defendant Chesapeake & Ohio Railway Company.

Before: DANHOF, P.J., and BRONSON and TARGONSKI, JJ.

DANHOF, P.J.

Plaintiff Louis Walter is an employee of the Chesapeake and Ohio Railway Company. While performing his duties as a brakeman on a C & O train the plaintiff was injured. At the time of the injury the train was being operated on the property of the Dow Chemical Company and Dow was the owner of the tracks. Plaintiff then brought this action for damages against Dow Chemical alleging negligence. The trial court allowed Dow Chemical to implead the C &...

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