Union Pacific Railroad v. El Paso Natural Gas Co.

CROCKETT, Justice.

Plaintiff, Union Pacific Railroad Company, seeks payment under an indemnity covenant from the defendant, El Paso Natural Gas Company, for damages which the plaintiff paid to one of defendant’s employees who was struck by the plaintiff’s train. Upon the basis of the pleadings, mutual responses to discovery procedures and documentary evidence, the district court granted defendant’s motion for summary judgment, from which plaintiff appeals.

The judgment is grounded on a determination that the language of the indemnity covenant upon which plaintiff relies does not require…