GIMMESON v. ILLINOIS POWER CO.

No. 73-46.

18 Ill. App.3d 736 (1974)

310 N.E.2d 397

CHARLES FRANKLIN GIMMESON, Plaintiff, v. ILLINOIS POWER COMPANY, Defendant-Third-Party-Plaintiff-Appellant — (WILLIAM A. POPE COMPANY, Third-Party-Defendant-Appellee.)

Appellate Court of Illinois — Fifth District.

April 19, 1974.


Attorney(s) appearing for the Case

Burroughs, Simpson & Wilson, of Edwardsville, for appellant.

Wagner, Bertrand, Bauman & Schmieder, of Belleville, for appellee.


Reversed and remanded.

Mr. JUSTICE CARTER delivered the opinion of the court:

Plaintiff Gimmeson in the original action obtained a jury verdict for $25,000 on a negligence theory from defendant Illinois Power Company. Illinois Power Company subsequently filed the present third-party action against Gimmeson's employer, William A. Pope and Company, seeking common-law indemnity. Third-party defendant moved to dismiss the complaint and the motion was granted....

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