Marchi v. Indiana Harbor Belt Railroad

The trial court dismissed a third-party complaint for indemnity on the ground that it failed to state a cause of action. This appeal questions the correctness of that order.

Plaintiff, Emily Marchi, brought the original action against defendants Indiana Harbor Belt Railroad Company, Rendell L. Byford, and Robert Kaiser. Plaintiff sought damages for injuries sustained when a vehicle in which she was a passenger collided with a train owned by Indiana Belt. Byford and Kaiser were engineer and conductor respectively, of the train involved. Defendants ther¿after filed a third-party complaint…