Legal Opinion
Tumlinson v. Norfolk & Western Railway Co.
Missouri Court of Appeals
Decided June 20, 1989No. WD 41172PublishedCited by 4 opinions
1Opinion of the Court
TURNAGE, Presiding Judge.
Norfolk & Western Railway Co. filed a third party petition against W.M. Brode Company seeking indemnification for the amount it had paid Ronald Tumlinson as a result of a railroad crossing accident. Trial to the court resulted in a judgment in favor of Brode and Norfolk appeals.
The facts were stipulated. In May, 1985, Norfolk entered into an agreement with Brode for the replacement of a bridge over Wakenda Creek near Wakenda in Carroll County.
Section 5.1 of the agreement provides: Contractor shall indemnify and hold harmless the Company, its officers, agents and…
2Cases cited3 opinions
- State v. HayesSupreme Court of Missouri · 1884
- Sanders v. General Motors Acceptance Corp.Supreme Court of South Carolina · 1936
- Clappenback v. New York Life InsuranceWisconsin Supreme Court · 1908
3Cited by4 opinions
- Grand Ex Rel. United States v. Northrop Corp.District Court, S.D. Ohio · 1992
- Jereme Roesing v. Director of Revenue, State of MissouriSupreme Court of Missouri · 2019
- Jenkins v. Fitzgerald Marine & Repair, Inc.Court of Appeals for the Eighth Circuit · 2010
- CIT Group/Equipment Financing, Inc. v. Integrated Financial Services, Inc.Missouri Court of Appeals · 1995