Legal Opinion
Batson-Cook Co. v. Industrial Steel Erectors
Court of Appeals for the Fifth Circuit
Decided July 15, 1958No. 17086PublishedCited by 61 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
As this case comes to us, it is within a very narrow frame. Essentially it is the simple and oft-recurring problem: does the indemnity agreement involved require the Indemnitor to save harmless the Indemnitee against the consequences of the Indemnitee’s negligence?
There is nothing unique about the facts in this case. Indeed, concentrating entirely on the construction of the indemnity agreement itself, the Indemnitee does not here question the use of Summary Judgment. On this record, in this context, it means that the injuries at the bottom of this controversy were…
2Cases cited33 opinions
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- The Alabama Great Southern Railroad Company v. Louisville and Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1955
- Mostyn v. Delaware, L. & WR Co.Court of Appeals for the Second Circuit · 1947
- Simms v. AndrewsCourt of Appeals for the Tenth Circuit · 1941
- Russell ex rel. Continental Casualty Co. v. Shell Oil Co.Appellate Court of Illinois · 1949
28 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- United States v. SeckingerSupreme Court of the United States · 1970
- Levine v. Shell Oil Co.New York Court of Appeals · 1971
- Jacksonville Terminal Company v. Railway Express Agency, IncorporatedCourt of Appeals for the Fifth Circuit · 1962
- Travelers Insurance Company v. Busy Electric Company, Z. Kermit Remy and Raymond VoelkerCourt of Appeals for the Fifth Circuit · 1961
- Porphire Lanasse v. Travelers Insurance Company, the California Company, Defendant-Third Party v. Royal Insurance Company, Excess-Surplus Lines, Inc., And/or Underwriters at Lloyd's, London, Third PartyCourt of Appeals for the Third Circuit · 1972
56 more not listed; retrieve them via the Exa API.