FULTON v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO.

Nos. 72-1344, 72-1376.

481 F.2d 326 (1973)

R. H. FULTON d/b/a R. H. Fulton, Contractor, Plaintiff-Appellant, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant-Appellant-Appellee, and Soo Line Railroad Company, Defendant-Appellee (two cases).

United States Court of Appeals, Eighth Circuit.

Decided April 27, 1973.

Rehearing and Rehearing Denied June 4, 1973.


Attorney(s) appearing for the Case

George C. Chapman, Dallas, Tex., for Fulton, etc.

Wendell E. Koerner, Jr., St. Joseph, Mo., for Soo Line.

Thad C. McCanse, Kansas City, Mo., for Chicago, Rock Island & Pacific R. R. Co.

Before MATTHES, Chief Judge, and ROSS and STEPHENSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 4, 1973.

MATTHES, Chief Judge.

This case stems from the damages accruing to the shipper, R. H. Fulton, from the derailment of a train transporting his equipment. Fulton appeals from the judgment entered upon jury verdicts for the originating carrier, Soo Line Railroad [Soo] and a connecting carrier, Chicago, Rock Island & Pacific Railroad [Rock Island]. Rock Island has...

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