Nina N. Anthony and Graydon Anthony, Partners, D/B/A Graydon Anthony Lumber Company v. Louisiana & Arkansas Railway Company

I disagree with the majority opinion at three points:

a) As to whether a determination as to active and passive negligence is material to the decision in this case; (Here I also disagree with the trial court’s determination that the shipper’s negligence was active and the railroad’s negligence passive.)

b) As to whether clause 5 of the Industrial Track Agreement provides complete indemnity; and

c) As to the interpretation of clause 6 of the Industrial Track Agreement.

*867As above indicated, I am unable to adopt the trial court’s determination that the shipper’s negligence in this case was active and…