Legal Opinion
Gateway Western Railway Co. v. Morrison Metalweld Process Corp.
Court of Appeals for the Eighth Circuit
Decided February 2, 1995No. 94-1393PublishedCited by 11 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
In this diversity action, Gateway Western Railway Company (“Gateway”) sued Morrison Metalweld Process Corp. (“Morrison”) for breach of contract and negligence, alleging that Morrison’s defective repair of Gateway’s track derailed a Gateway train and seeking $268,700 in damages. Morrison denied liability and counterclaimed for payments due under the repair contract. A jury awarded Gateway $26,870.55 on its claims and Morrison $15,564.00 on its counterclaim. Gateway appeals, arguing that the district court 1 erred in submitting the contract claim with a comparative fault…
2Cases cited16 opinions
- Gustafson v. BendaSupreme Court of Missouri · 1983
- Lippard v. Houdaille Industries, Inc.Supreme Court of Missouri · 1986
- Business Men's Assurance Co. of America v. GrahamMissouri Court of Appeals · 1994
- S. J. Groves & Sons Company v. Warner CompanyCourt of Appeals for the Third Circuit · 1978
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- A.G. Edwards & Sons, Inc. v. DrewMissouri Court of Appeals · 1998
- Investors Title Co. v. Chicago Title Insurance Co.Missouri Court of Appeals · 1998
- Walton General Contractors, Inc. v. Chicago Forming, Inc.Court of Appeals for the Eighth Circuit · 1997
- Glover v. Merck & Co., Inc.District Court, D. Minnesota · 2004
- Retail Associates, Inc. v. MacY's East, Inc.Court of Appeals for the Eighth Circuit · 2001
6 more not listed; retrieve them via the Exa API.