American Hoist & Derrick Company v. Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Third-Party

PHILLIPS, Circuit Judge.

This action arose out of the derailment of a train in which a locomotive crane was destroyed. The parties are American Hoist and Derrick Company (American Hoist), manufacturer and seller of the crane; Price Brothers Company (Price), buyer of the crane; and Chicago, Milwaukee, St. Paul and. Pacific Railroad Company (the railroad), transporter of the crane.

The litigation began with American Hoist suing Price on the contract of sale. Price answered and brought in the railroad on a third-party complaint as the responsible party. The railroad counterclaimed against American…