Francis T. Ratigan v. New York Central Railroad Co. v. Interstate Commodities, Inc., and the Troy Union Railroad Company, Appellee-Appellant

MEDINA, Circuit Judge.

• On October 23, 1957 at about 3 A.M., Francis T. Ratigan, a brakeman employed by New York Central Railroad Company, was struck by an overhanging canopy on premises owned by Interstate Commodities, Inc. as he was about to descend from the top of a freight car to operate the brake and bring the car to a standstill. In his action against New York Central a verdict of $70,000.00 was rendered in his favor and the New York Central appeals. In its answer the New York Central asserted three cross-claims: (1) against Interstate for recovery over on the theory that Interstate was…