Legal Opinion

Toledo Peoria & Western Railway v. Metro Waste Systems, Inc.

Court of Appeals for the Seventh Circuit

Decided June 30, 1995No. 94-3259PublishedCited by 3 opinions

1Opinion of the Court

MANTON, Circuit Judge.

The plaintiff, Toledo Peoria & Western Railway (actually their insurance company as subrogee, but for simplicity’s sake we shall refer to it as “Toledo”), brought this negligence action in diversity against Metro Waste Systems, Inc. In its complaint, Toledo sought to recover damages sustained by four of its locomotive engines which were derailed when they were struck by one of Metro’s dump trucks which crossed the railroad tracks in disregard of the warning signals. Toledo primarily sought to recover the costs of repairing three out of the four damaged engines. As to the…

2Cases cited10 opinions

  1. Nachtsheim v. Beech Aircraft Corp.Court of Appeals for the Seventh Circuit · 1988
  2. Santiemmo v. Days Transfer, Inc.Appellate Court of Illinois · 1956
  3. Ellis v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1981
  4. Raymond D. Oddi, Cross-Appellant v. Ayco Corporation, a New York Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1992
  5. Culligan Rock River Water Conditioning Co. v. GearhartAppellate Court of Illinois · 1982

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3Cited by3 opinions

  1. Toledo Peoria And Western Railway v. Metro Waste Systems, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  2. Allied Tube v. Southern PacificCourt of Appeals for the Seventh Circuit · 2000
  3. The Millard Group Inc. v. StutesmanDistrict Court, N.D. Illinois · 2019

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