Rochester American Insurance v. Cassell Truck Lines, Inc.

The opinion of the court was delivered by

Schroeder, J.:

This appeal is from an order dismissing a cross-claim filed by the defendant, Cassell Truck Lines, Inc. (appellant), against its co-defendants, Rock Island & Pacific Railroad Company and Howard D. Hill (appellees), in a subrogation action instituted by five insurance companies (plaintiffs), seeking reimbursement for sums paid to the insured, Screw Machine Products, Inc., for damage to its building and personal property. The damage occurred when a truck owned by Cassell was struck by a train of Rock Island causing the truck to collide with…