J. P. Steed v. Central of Georgia Railway Company, Defendant-Third Party v. Riegel Textile Corporation, Third Party

RIVES, Circuit Judge:

In this diversity case, Riegel Textile Corporation appeals from a summary judgment granted against it for $403,105.60 on the motion of Central of Georgia Railway Company. We reverse.

The claim arises out of an accident that occurred on December 30, 1966, when J. P. Steed, a trainman-employee of Central, was injured while switching railroad cars for Central to the plant of Riegel in Trion, Georgia. A moving car, on which Steed was riding, derailed causing Steed’s legs to be pinned between the side of the car and the loading platform on Riegel’s premises. One of Steed’s legs…