H. Hohensee Construction Co. v. Chicago, Milwaukee, St. Paul & Pacific Railroad

The plaintiff was constructing a sewer for the city of Milwaukee under a railway track. The railway company ran a train into machinery of the plaintiff that was located on the track during the construction of the sewer. The plaintiff sued the railway company to recover its damages for injury to its machinery, charging negligence on the part of the railway company. The railway company by answer admits running its train into and injuring the plaintiff’s machinery, but denies that it was negligent in so doing.

The railway company interpleaded the city of Milwaukee and filed its cross complaint…