Minneapolis, St. Paul and Sault Ste. Marie Railroad Company, and Third-Party v. City of Fond Du Lac, Third-Party

HASTINGS, Chief Judge.

This action was commenced by the filing of a complaint against third-party plaintiff-appellee, Minneapolis, St. Paul and Sault Ste. Marie Railroad Company (Railroad), to recover damages for injuries sustained by plaintiffs, 1 as the result of a train-automobile collision. After issue had been joined and a pre-trial conference ordered, appellee Railroad commenced a third-party proceeding against third-party defendant-appellant, City of Fond du Lac, Wisconsin (City).

Following denial by the trial court of appellant City’s motion to dismiss the third-party action, issue was…