Mass Transit Administration v. CSX Transportation, Inc.

RODOWSKY, Judge.

This action is one for judicial review of a decision of the Maryland State Board of Contract Appeals (BCA). Since 1979 the State has arranged for Maryland Rail Commuter (MARC) service under a series of contracts with the Baltimore and Ohio Railroad Company (B & 0) and its successor. The contract in issue here provides that the State will hold the railroad harmless from “liability of every kind arising out of the Contract Service,” a defined term under the contract. In the instant matter we interpret this indemnification provision and apply it to a grade-crossing collision that…