Missouri Pacific Railroad Company v. Champlin & Wells, Inc. And Northeastern Fire Insurance Company of Pennsylvania

In this diversity suit Champlin & Wells, Inc. was adjudged liable in contribution under Arkansas law to Missouri Pacific Railroad Company in an amount equal to 95% of a settlement reached between Missouri Pacific and Clifford W. Clarke. The settlement was of an F.E.L.A. claim Clarke had brought against the railroad for personal injuries. Champlin & Wells and its liability insurer, Northeastern Fire Insurance Company of Pennsylvania, now appeal from the district court’s judgment, 1 contending that tortfeasor Steven Conder was acting for Missouri Pacific as a “borrowed servant” at the time…