Ralph E. Gaines v. Illinois Central Railroad Company, Defendant/third-Party v. Tabor Grain Company, Third-Party

CUDAHY, Circuit Judge.

At about 4:00 a.m. one moonless December night, an Illinois Central train arrived at the Tabor Grain Company in Farmer City, lili- nois. The train derailed while trying to access the sidetracks to the grain elevators, and Ralph Gaines, a switchman on the train crew, was thrown or plunged into the night. He sued Illinois Central under the Federal Employers Liability Act, 45 U.S.C. § 51, et seq. Illinois Central sued Tabor Grain for contribution, contractual indemnity and implied indemnity (Tabor Grain and Illinois Central had a sidetrack agreement with an indemnification…