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GERMANY v. RIVER TERMINAL RAILWAY COMPANY

No. 72-2095.

477 F.2d 546 (1973)

Louis GERMANY, Plaintiff, v. The RIVER TERMINAL RAILWAY COMPANY, Defendant-Appellant, and Norfolk & Western Railway Company, Defendant-Cross-Claimant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1973.

Attorney(s) appearing for the Case

Dennis M. Kelly, Cleveland, Ohio, for appellant; George J. Moscarino, Dennis M. Kelly, Kenneth F. Seminatore, Jones, Day, Cockley & Reavis, Cleveland, Ohio, on brief.

Byron D. Fair, Cleveland, Ohio, for appellee; Byron D. Fair, Thomas V. Chema, Arter & Hadden, Cleveland, Ohio, on brief.

Before PECK, McCREE and LIVELY, Circuit Judges.

PER CURIAM.

This case involves an interchange agreement between two railroads. Louis Germany, who is not a party to the appeal, sued The River Terminal Railway (RTR), his employer, and the Norfolk & Western Railway Company (N&W). He recovered a judgment against RTR for injuries caused by a defect in a railroad car of N&W which was under the control of RTR.

In a cross-claim against RTR, the interchange agreement was filed as an exhibit and relied...

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