Illinois Central Railroad v. Blaha

Defendant contends (1) that the judgment in the Cunningham case is not binding on it for the reason that it was not given proper and timely notice or a reasonable opportunity to defend in that action; (2) that defendant’s dock was not an “obstruction” within the meaning of the sidetrack agreement; (3) that plaintiff is estopped because it moved the tracks closer to the dock after the agreement was entered into; (4) that defendant should have had the opportunity to relitigate the causal negligence of Cunningham ; and (5) that any recovery by the plaintiff should be limited to 50 per cent under…