Home Insurance v. Chicago & Northwestern Transportation Co.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
COFFEY, Circuit Judge.
In 1990 four freight locomotive engines owned and operated by the Chicago and North Western Transportation Company (CNW) collided with and damaged two commuter passenger cars that CNW had leased from the Northeast Illinois Regional Commuter Railroad Corporation, doing business as Metropolitan Rail-Metra (Metra). Me-tra’s insurer, Home Insurance Company (Home), brought this diversity action as sub-rogee of Metra against CNW, seeking to recover the replacement value of the destroyed commuter cars. The district court granted summary judgment in favor of CNW, holding that…
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