Sanders

Transco, Inc., the manufacturer of a railroad boxcar divider door, the Atchison, Topeka & Santa Fe Railway Company, the owner of the boxcar in which the divider door was installed, arid Spokane Flour Mills Company, the shipper that last used the boxcar, have each appealed from a judgment entered following a trial on the respective cross-complaints for indemnity of the railroad and the shipper. The judgment apportioned among them the net amount of the damages against the shipper to an employee of the consignee of the shipment who was injured when the divider door fell on him as he prepared to unload the boxcar. The manufacturer and the railroad have also each appealed from an earlier judgment, entered following the trial of the principal action, which reflects the juiy’s finding, in response to a special interrogatory, that the negligence of the shipper was passive, and from orders which denied their respective motions for judgment notwithstanding the verdict in connection with that earlier judgment.

The manufacturer and the railroad contend that the evidence reflects that the shipper was actively negligent as a matter of law, whereas, the shipper contends that the…