L. Curtis Potter, of the Estate of Dorothy R. Potter, Deceased, and L. Curtis Potter v. St. Louis-San Francisco Railway Company

SACHS, District Judge.

This diversity case arose out of a collision between a vehicle driven by L. Curtis Potter (in which his wife Dorothy R. Potter was a passenger) and a train operated by defendant. Mrs. Potter’s executor (Mr. Potter) obtained a $30,000 judgment against the railroad for her injuries sustained in the collision. The railroad counterclaimed against Mr. Potter personally, seeking contribution. The district court 1 overruled Mr. Potter’s motion to dismiss for failure to state a claim upon which relief could be granted. The railroad obtained a judgment for contribution in the…