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CH. & ILL. MIDLAND RY. v. EVANS CONST. CO.

No. 38696.

32 Ill.2d 600 (1965)

208 N.E.2d 573

THE CHICAGO AND ILLINOIS MIDLAND RAILWAY COMPANY, Appellee, v. EVANS CONSTRUCTION CO., et al., (PILLSBURY MILLS, INC., Appellant.)

Supreme Court of Illinois.

Opinion filed June 24, 1965.

Attorney(s) appearing for the Case

HERSHEY AND BLISS, of Taylorville, and R.G. HECKENKAMP, of Springfield, for appellant.

GRAHAM AND GRAHAM, and C.D. FORTH, both of Springfield, for appellee.

Judgments reversed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Curtis Barron, a switchman employed by the plaintiff, Chicago & Illinois Midland Railway Company, was injured in the course of switching operations on the premises of Pillsbury Mills, Inc., hereafter defendant. He asserted a claim against the plaintiff under the Federal Employers' Liability Act. The plaintiff settled the claim and then brought this action for indemnity. The trial...

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