Chicago, Rock Island & Pacific Railroad v. United States

WALLACE, District Judge.

The plaintiff, Chicago, Rock Island and Pacific Railroad Company, a Delaware corporation, brings this action against the Government, to recover by way of subrogation $1,581 paid out by plaintiff to one of its employees for personal injuries said employee received when struck by a mail pouch thrown from a moving train by one of defendant’s postal clerks. Plaintiff seeks judgment upon the theory that the Government was primarily liable for such accident in that the Government’s servant was guilty of negligence in throwing the mail bag from the train; and, that plaintiff…