Legal Opinion

Chicago, Rock Island & Pacific Railroad Co. v. Davila

Supreme Court of Oklahoma

Decided October 12, 1971No. 43444PublishedCited by 22 opinions

1Opinion of the Court

IRWIN, Justice:

Following a car-train collision at a highway-railroad crossing, the owner and operator of the car (Norma Davila, referred to as plaintiff) commenced an action for damages against the railroad company (Rock Island) and its engineer, John Roe. Rock Island sought to join as an additional party-defendant its contractual indemnitor (Metropolitan) for the purpose of litigating in the same action its indemnity claim against Metropolitan on its indemnification claim against the latter.

The trial court sustained Metropolitan’s plea to the jurisdiction; dismissed Rock Island’s petition…

2Cases cited8 opinions

  1. Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
  2. Glens Falls Indemnity Co. v. Atlantic Bldg. Corp.Court of Appeals for the Fourth Circuit · 1952
  3. Alberts v. American Casualty Co.California Court of Appeal · 1948
  4. Enyeart v. City of LincolnNebraska Supreme Court · 1939
  5. United States Fidelity & Guaranty Co. v. Dawson Produce Co.Supreme Court of Oklahoma · 1937

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Travelers Insurance Co. v. L v. French Truck Service, Inc.Supreme Court of Oklahoma · 1989
  2. Oklahoma Gas & Electric Co. v. District Court, Fifteenth Judicial DistrictSupreme Court of Oklahoma · 1989
  3. South Western Oklahoma Development Authority v. Sullivan Engine Works, Inc.Supreme Court of Oklahoma · 1996
  4. Osburn v. Bendix Home Systems, Inc.Supreme Court of Oklahoma · 1980
  5. Szemanski v. Vulcan Materials Co.Superior Court of Pennsylvania · 1979

17 more not listed; retrieve them via the Exa API.

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