Bosin v. Minneapolis, St. Paul & Sault Ste. Marie Railroad

GRUBB, District Judge.

This is a motion by the City of Fond' du Lac (hereinafter called the “City”) to dismiss a third-party complaint for contribution brought against it by the-Minneapolis, St. Paul & Sault Ste. Marie-Railroad Company (hereinafter called' the “Railroad”) in an action arising out of a railroad crossing accident.

The Railroad asserts that the view of the crossing signal and of the locomotive-involved was obstructed by the low branches of a tree located on land within the jurisdiction of the City and within 330 feet of the crossing. The Railroad has based its third-party…