Peter Kiewit Sons Co. v. O'Keefe Elevator Co., Inc.

Flory, District Judge.

One Ward, an employee of the defendant, O’Keefe, appellee here, obtained a judgment against the plaintiff, Kiewit, appellant here, in an action for personal injuries sustained on a construction site where Kiewit was the general contractor and O’Keefe the subcontractor. In that action Kiewit’s negligence and Ward’s contributory negligence and assumption of risk were the issues submitted to the jury which returned a verdict for Ward. Kiewit paid the judgment.

Kiewit then brought this action against O’Keefe for indemnity under the contract between them which was prepared by…