The Baltimore and Ohio Railroad Company v. Alpha Portland Cement Company

MARIS, Circuit Judge.

The defendant, Alpha Portland Cement Company, appeals from a judgment entered against it in the United States District Court for the Eastern District of Pennsylvania in favor of the plaintiff, Baltimore and Ohio Railroad Company, in the sum of $36,517.89 to indemnify the plaintiff for sums paid by it in a compromise settlement of a claim of Ralph E. Miller, one of its employees. Miller, a brakeman, was injured in a derailment of plaintiff’s freight train on a siding located on defendant’s premises at Manheim, West Virginia. The plaintiff alleged that the defendant had…