McPherrin v. Hartford Fire Ins.

DONOHOE, District Judge.

The question now under consideration and for determination involves Rule 14 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, generally referred to as the rule pertaining to third party practice.

The admitted facts appearing from the pleadings or from oral agreements made upon a pre-trial hearing may be briefly stated as follows: The plaintiff shipped 1,002 head of lambs in four cars over the Western Pacific Railroad Company and the Union Pacific Railroad with destination Chicago, Illinois, and on the 3rd day of July, 1939, said shipment for the…