Deep Vein Coal Co. v. Chicago & EI Ry. Co., 5138.
| Decision Date | 27 June 1934 |
| Docket Number | No. 5138.,5138. |
| Citation | 71 F.2d 963 |
| Parties | DEEP VEIN COAL CO. v. CHICAGO & E. I. RY. CO. et al. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Morton C. Embree and Charles O. Baltzell, both of Princeton, Ind., for appellant.
T. Morton McDonald and Douglas H. McDonald, both of Princeton, Ind., and K. L. Richmond, of Chicago, Ill., for appellees.
Before ALSCHULER, EVANS, and FITZHENRY, Circuit Judges.
Appellant's mines were served by a switch track which appellee railway had constructed pursuant to a written contract between them. The contract specified, inter alia:
The coal company erected and maintained for its use a line of poles, one of which it placed so near the switch track as to endanger the safety of the railway's trainmen operating its cars upon the switch track, in consequence whereof one of its trainmen, in the discharge of his duty, came in contact with the pole and suffered injuries. The injured man made demand upon the railway and the mining company for the damages occasioned, and the railway demanded that the mining company indemnify it against loss occasioned by this location of the pole. Thereupon the coal company and the railway entered into an agreement whereby the railway would undertake to make settlement with the injured man, leaving the question as to whether the entire amount of the settlement should ultimately be borne by the railway, or borne equally by the railway and the coal company, to be thereafter adjusted. The railway effected a settlement...
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