Legal Opinion

Houston Lighting & Power Co. v. Atchison, Topeka & Santa Fe Railway Co.

Texas Court of Appeals, 6th District (Texarkana)

Decided August 31, 1993No. 06-92-00083-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

BLEIL, Justice.

Houston Lighting & Power Company (HL & P) appeals from a judgment requiring it to pay Atchison, Topeka & Santa Fe Railway (Santa Fe) $305,000.00 on the basis of an indemnity agreement. The issues on appeal are whether the indemnity agreement applies to the type of conduct which gave rise to this suit, whether Santa Fe is precluded from seeking indemnification from HL & P because it breached a condition precedent, and whether there is no evidence or insufficient evidence to support the jury’s findings justifying liability. We resolve these issues in favor of Santa Fe and…

2Cases cited28 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  3. Urie v. ThompsonSupreme Court of the United States · 1949
  4. R & P Enterprises v. LaGuarta, Gavrel & Kirk, Inc.Texas Supreme Court · 1980
  5. Kernan v. American Dredging Co.Supreme Court of the United States · 1958

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3Cited by4 opinions

  1. Houston Lighting & Power Co. v. Atchison, Topeka & Santa Fe Railway Co.Texas Supreme Court · 1994
  2. Colorado Interstate Gas Co. v. Hunt Energy Corp., Texas Court of Appeals, 7th District (Amarillo)2000
  3. Cooke v. Lynn Sand & Stone Co.Massachusetts Appeals Court · 1994
  4. Hunt Petroleum Corporation v. Colorado Interstate Gas Company, Texas Court of Appeals, 7th District (Amarillo)2000

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