Legal Opinion

Norfolk Southern Ry. Co. v. Goodyear Tire & Rubber Co.

Danville County Circuit Court

Decided September 11, 2000No. Case No. CH98-298PublishedCited by 1 opinion

1Opinion of the Court

By Judge William N. Alexander, II

The issues to be addressed are (1) does the indemnification provision of the siding agreement violate either Virginia Code § 56-119 or public policy and (2) is the indemnification language used in the siding agreement sufficiently clear and unequivocal to permit indemnification for negligence? Section 56-119 provides:

No contract... shall exempt any transportation company from the liability of a common carrier which would exist had no contract been made or entered into and no such contract... for exemption from liability for injury or loss occasioned by the…

2Cases cited4 opinions

  1. Johnson's Adm'x v. Richmond & Danville R. R.Supreme Court of Virginia · 1890
  2. Hiett v. Lake Barcroft Community Ass'nSupreme Court of Virginia · 1992
  3. Chesapeake & Ohio Railway Co. v. Clifton Forge-Waynesboro Telephone Co.Supreme Court of Virginia · 1976
  4. Southern States Cooperative, Inc. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1978

3Cited by1 opinion

  1. Aldridge v. Atlantic Rural ExpositionRichmond County Circuit Court · 2005

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