Gulf Oil Corp. v. Burlington Northern Railroad

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Burlington Northern Railroad appeals from a judgment in favor of Gulf Oil Corporation, the lessee of its track, and from the dismissal of its counterclaim for indemnity under the lease. The suit arose from an accident caused when Gulf railroad cars rolled from the leased siding and caused substantial damage. A jury found that the railroad’s negligence allowed the cars to roll from the leased track. The district court held that under Texas law the indemnity provision of the lease did not cover the railroad’s negligence. We disagree. The judgment is…