Farmers Elevator Co. v. Chicago, Rock Island & Pacific Railroad

This case arose from the damage that resulted when a railroad car being switched by defendant fell into plaintiff’s open scale pit.

The case was at law tried to the court. From a judgment for plaintiff, defendant railroad company has appealed.

The factual situation appears without material controversy.

Although by subrogation Farmers Elevator Mutual Insurance Company is the real party in interest as plaintiff we will for convenience refer to Farmers Elevator Company as plaintiff. Chicago, Rock Island and Pacific Railroad Company is defendant. The contracts hereinafter referred to were executed…