Koppers Co. v. Missouri Pacific Railroad

Melvin Mayfield, Judge.

In 1962, appellee, Missouri Pacific Railroad Company, Inc. (MoPac), and appellant, Kop-pers Company (Koppers), entered into an agreement whereby Koppers contracted to treat crossties, switch ties, bridge lumber, timbers, and other lumber materials used by MoPac in its railway system. MoPac contracted to deliver the materials to Koppers by opentop railroad car, and Koppers agreed to unload and treat the lumber and reload the materials onto a railroad car to be returned to MoPac. The contract also contained a paragraph in which Koppers agreed to indemnify MoPac against…