New York, Chicago & St. Louis Railroad v. Erie Railroad Co.

This is an appeal by plaintiff, the New York, Chicago & St. Louis Railroad (appellant, hereinafter referred to as “Nickel Plate”) from a judgment entered by the trial court which ordered: (1) That the plaintiff take nothing by its complaint as amended; (2) that defendant-counterclaimant, Erie Railroad Company (appellee, hereinafter referred to as “Erie”) should recover from plaintiff $41,555.49 and costs; and (3) that defendant, Chicago & Western Indiana Railroad Company (appellee, hereinafter referred to as “Western. Indiana”) should recover its costs from Nickel Plate.

The action arose out…