(Download) "Uno Carl Huck v. Chicago" by Supreme Court of Appeals of West Virginia # Book PDF Kindle ePub Free
eBook details
- Title: Uno Carl Huck v. Chicago
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 07, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff Huck, an employee of Doughboy Industries, Inc., was injured when a freight car on which he was standing was jolted by the impact of another freight car which other Doughboy employees had started in motion on a spur track built by the defendant Chicago, St. Paul, Minneapolis & Omaha Railway Company on land owned by Doughboy adjacent to Doughboys manufacturing plant. Huck sued the Omaha for damages, alleging that his injuries were caused by a defect in the hand-brake on the moving car constituting a violation of the federal Safety Appliance Act, 45 U.S.C.A. § 1 et seq., and by the Omahas negligence in failing to make proper inspection of the brake. The Omaha answered denying liability, obtained an order interpleading Doughboy as a party defendant, and cross-complained against Doughboy alleging that if Omaha should be held liable to Huck, Doughboy would be obligated to indemnify Omaha for the amount of plaintiffs recovery, by virtue of the indemnification agreement quoted below. To this cross-complaint Doughboy answered, admitting the indemnity agreement but denying its application to the matter in suit.