Illinois Central Railroad Company, Mutual Fire, Marine and Inland Insurance Company, and Jack Norman Creswell, Etc. v. James F. Riley

COMBS, Circuit Judge.

The defendant Riley’s truck, loaded with crushed stone, went out of control as it descended a steep grade on the highway and collided with a bridge owned by the plaintiff railroad company. The truck plunged through the side of the bridge and fell forty feet to the railroad tracks below, landing on two railroad hopper cars. The truck caught fire and then the bridge caught fire. Later, the bridge collapsed and fell on the truck. The truck driver was killed.

In a suit for damages to its property the railroad company and its insurance carriers relied on the doctrine of res…