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GAINES v. ILLINOIS CENT. R. CO.

No. 93-1822.

23 F.3d 1170 (1994)

Ralph E. GAINES, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant/Third-Party Plaintiff-Appellant, v. TABOR GRAIN COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 1994.

Rehearing Denied July 25, 1994.

Attorney(s) appearing for the Case

Hugh C. Griffin (argued), William T. Weaver, Thomas J. Healey and Sandra K. Macauley, Lord, Bissell & Brook, Chicago, IL, for defendant-appellant.

John J. O'Malley (argued), Seyfarth, Shaw, Fairweather & Geraldson and Gregory W. Beihl, Pope, Ballard, Shepard & Fowle, Chicago, IL, for defendant-appellee.

Before CUDAHY, COFFEY, and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

At about 4:00 a.m. one moonless December night, an Illinois Central train arrived at the Tabor Grain Company in Farmer City, Illinois. The train derailed while trying to access the sidetracks to the grain elevators, and Ralph Gaines, a switchman on the train crew, was thrown or plunged into the night. He sued Illinois Central under the Federal Employers Liability Act, 45 U.S.C. § 51, et seq...

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