Lehigh Valley Railroad v. American Smelting & Refining Co.

OPINION

JOHN MORGAN DAVIS, District Judge.

We have before us the third-party action in a case under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., involving the death of one Andrew J. Mileski, an employee of the third-party plaintiff. The main action between the plaintiff and the railroad has been settled and the third-party defendant, American Smelting and Refining Company, as agreed to the reasonableness of that settlement. The question as to whether the railroad was entitled to indemnity or contribution from the third-party defendant remained outstanding, and this phase of the…