Orange Rice Milling Co. v. Southern Pacific Co.

DIES, Justice.

On November 1, 1966, H. W. Perry, a conductor for appellee, fell and was injured while spotting freight cars on spur tracks adjacent to appellant’s plant. Thereafter he was paid in settlement of his claim $22,-500 by appellant and another $22,500 by appellee. The Railroad brought this suit against the Rice Mill for recovery of the $22,500 it paid Perry. Appellant, Orange Rice Milling Company, will be referred to herein as “Rice Mill” and appellee, Southern Pacific Company, will be referred to as the “Railroad”.

The case was submitted to a jury and the court entered judgment in…