Rite Diet Feeds, Inc. v. Central of Georgia Railroad

Clark, Judge.

"Omnium-gatherum” is an appropriate appellation for these two appeals in which the State Court of Coffee County 1 ruled adversely both to the plaintiff in the main action and to the defendant on the counterclaim so that both complaint and counterclaim were out of court. Each party has appealed. To facilitate our consideration we refer to plaintiff as "Railroad” and to defendant as "Industry.”

Seeking to recover from Industry the amount it paid an injured employee in settlement without judgment of his claim made under the Federal Employers Liability Act, Railroad sued Industry in…