Chicago, Milwaukee, St. Paul & Pacific Railroad v. Johnston's Fuel Liners, Inc.

TEIGEN, Judge.

This is an appeal from an order granting a new trial to a third-party defendant in an action for damages sounding in tort in which the third-party defendant was im-pleaded for liability over.

This is the second appeal in this case. The first opinion is contained in 122 N.W.2d 140. In that case we sustained the trial court’s order overruling the defendant’s motion for judgment notwithstanding the verdict and affirmed the judgment in favor of the plaintiff against the defendant. We also reversed the trial court’s order granting judgment notwithstanding the verdict in favor of the…