Appellate Court of Illinois April 27, 1964, Gen. 10,517 (Chicago & Illinois Midland Railway Co. v. Pillsbury Mills, Inc.)

WRIGHT, JUSTICE.

This action was instituted by the plaintiff, Chicago & Illinois Midland Railway Company, on the theory of indemnity to recoup $10,168.14 which it paid out to settle a claim asserted against it under the Federal Employers’ Liability Act by an employee, Curtis Barron, who was injured when he tripped or stumbled over an old railroad tie lying on switch tracks owned by the defendant,