Embree v. DeKalb Forge Co.

Mattie W. Embree brought suit against James D. Gormley for damages resulting from the death of her husband, Waite W. Embree, alleged to have been caused by Gormley’s negligence. DeKalb Forge Company was later joined as a defendant and an amended complaint charging that DeKalb Forge was negligent “by its agent and employee, James Gormley” was filed.

DeKalb Forge thereafter filed a counterclaim against its employee, Gormley. By its counterclaim, DeKalb Forge sought to be indemnified by Gormley for any judgment which the plaintiff might obtain against it. Gormley filed a motion to dismiss the…