CSX Transportation, Inc. v. Becker Sand & Gravel Co.

BOOTH, Judge.

This cause is before us on appeal from a final judgment denying indemnity. Appellant CSX Transportation, Inc. (CSX) contends that the trial court erred in (1) holding that the contract at issue in this case did not require Becker Sand & Gravel Company (Becker) to indemnify CSX for its own negligence, and (2) in disregarding a stipulation between the parties. Finding merit in appellant’s second contention, we reverse.

On March 1, 1985, Seaboard System Railroad, Inc., CSX’s predecessor in interest, and Becker executed an agreement wherein Becker was allowed to construct and maintain…