Gulf, Mobile & Ohio Railroad v. Arthur Dixon Transfer Co.

Mr. Presiding Justice Schwartz

delivered the opinion of the court.

This is an action in which plaintiff seeks to recover from defendant moneys paid by plaintiff’s predecessors in interest (Alton Railroad Company and the Trustee thereof) in settlement of the claim of one Wehunt, a switchman. A motion to strike the second amended complaint was sustained and suit dismissed, from which order plaintiff appeals. Inasmuch as no point is made on the question of plaintiff’s succession, we will in this opinion call plaintiff and its predecessors the “railroad.”

On July 11, 1942 Wehunt was participating in…