Paxton v. Walters

Action by Mountain States Telephone and Telegraph Company, herein referred to as the plaintiff, against Alabam Freight Lines, a common carrier, herein referred to as the defendant, for damages to personal property alleged to have been caused by unloading same in a negligent and improper manner. Upon motion by the defendant the court ordered that appellant, Schade Transfer and Storage Company, Inc., be made a third party defendant. Defendant filed third party complaint alleging it employed appellant to supply the unloading facilities to unload the property and that negligence, if any, as charged in plaintiffs complaint was the negligence of appellant and a liability, if any, owing to the plaintiff was recoverable from appellant. Issues were joined on the allegations of the complaint and the third party complaint, trial was had before the court without a jury, and judgment was entered for the plaintiff against the defendant on the complaint and in favor of defendant and against third party defendant, appellant herein, on the third party complaint.