Legal Opinion

The Chesapeake and Ohio Railway Company v. Illinois Central Gulf Railroad Company

Court of Appeals for the Seventh Circuit

Decided November 9, 1977No. 76-1831PublishedCited by 9 opinions

1Opinion of the Court

BAUER, Circuit Judge.

In this diversity action, the Chesapeake and Ohio Railroad (C & 0) seeks indemnity from the Illinois Central Gulf Railroad (ICG) for a judgment paid by the C & 0 to an ICG employee, plus costs and attorney’s fees incurred in defending the suit brought by the ICG employee against both parties to this action. The district court granted the ICG’s motion for summary judgment on the ground that the governing Illinois law did not permit an “actively” negligent tortfeasor to obtain indemnity from a joint tortfeasor, even if the latter’s negligence was also “active.” As the jury…

2Cases cited11 opinions

  1. Hamilton Die Cast, Inc. v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Seventh Circuit · 1975
  2. Carver v. GrossmanIllinois Supreme Court · 1973
  3. Chicago & Illinois Midland Railway Co. v. Evans Construction Co.Illinois Supreme Court · 1965
  4. Sargent v. Interstate Bakeries, Inc.Appellate Court of Illinois · 1967
  5. Desert Palace, Inc., Nathan S. Jacobson & Stanley Mallin v. Richard J. Salisbury, D/B/A Diversified Insurance Agency, National Reinsurance Agency, Inc., Cross-Claim v. Richard J. Salisbury, D/B/A Diversified Insurance Agency, Cross-ClaimCourt of Appeals for the Seventh Circuit · 1968

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Gold Cross Ems, Inc. v. Children's HospitalDistrict Court, S.D. Georgia · 2015
  2. David J. Evans v. Fluor Distribution Companies, Inc.Court of Appeals for the Seventh Circuit · 1986
  3. Diane Herceg, and Andy v. Cross-Appellants v. Hustler Magazine, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  4. Culver v. Slater Boat Co.Court of Appeals for the Fifth Circuit · 1981
  5. Crum v. Gulf Oil Corp.Appellate Court of Illinois · 1979

4 more not listed; retrieve them via the Exa API.

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