Louisville & Nashville Railroad v. Harris Transfer Co.

(dissenting) :

A party to a suit for declaratory relief appeals from an adverse decree declaring that appellant is not entitled to indemnity from appellee under a contract, and declaring further that appellant owes a duty to indemnify appellee.

Appellant is Louisville & Nashville Railroad Company, a corporation, and will be referred to as L & N.

Appellee is Harris Transfer Company, a corporation, and will be referred to as Harris.

On May 19, 1972, Harris filed its bill of complaint against L & N, and also Eddie Walton who has been served with citation of appeal but has filed no brief. Walton is…