Seaboard Air Line Railroad Company v. Sarasota-Fruitville Drainage District

JOHN R. BROWN, Circuit Judge.

The sole question presented here is whether a Florida Drainage District admittedly not liable for torts as such under Florida law, Rabin v. Lake Worth Drainage Dist., Fla., 82 So.2d 353, certiorari denied 350 U.S. 958, 76 S.Ct. 348, 100 L.Ed. 833; Arundel Corp. v. Griffin, 89 Fla. 128, 103 So. 422, is liable to a Railway on an indemnity-hold-harmless agreement in a canal right of way easement granted by the Railway 28 years before. The District Court held that it was not and accordingly dismissed the complaint for failure to state a claim, Fed.Rules Civ.Proc. 12,…