Kemner v. Norfolk & Western Railway Corp.

PRESIDING JUSTICE WELCH

delivered the opinion of the court:

This appeal is from an order dismissing defendant Norfolk and Western Railway Company’s (the Railway’s) counterclaim for indemnity against codefendants Dresser Industries, Inc. (Dresser), and General American Transportation Corporation (GATX), entered in the circuit court of St. Clair County in December of 1983.

The incident resulting in this appeal occurred on the night of January 10, 1979, in Sturgeon, Missouri. At approximately 11:15 p.m. on that evening, a tank car being transported by the Railway derailed and was punctured as it…