Kansas City Southern Railway Co. v. Payway Feed Mills, Inc.

HOLMAN, Commissioner.

S. A. Price, a switch foreman employed by plaintiffs, sustained serious injuries to his legs on January 4, 1955, as a result of insufficient clearance between defendant’s movable dock and a boxcar upon which he was riding. Plaintiffs paid Price $15,000 in settlement of his claim against them under the F.E.L.A. 45 U.S.C.A. § 51 et seq. In this action, based upon the theory of implied indemnity, plaintiffs obtained a judgment against defendant for the amount paid Price, i. e., $15,000. Defendant has appealed. Since the amount in dispute exceeds $7,500, and the notice of…