Legal Opinion
Baltimore & Ohio Railroad v. American Viscose Corp.
District Court, N.D. West Virginia
Decided March 1, 1963No. Civ. A. No. 1032-WPublishedCited by 4 opinions
1Opinion of the Court
CHARLES F. PAUL, District Judge.
The plaintiff (Railroad) seeks indemnity, or, in the alternative, contribution, from the defendant (Industry) under the provisions of a spur-track agreement, for liability for personal injuries to one, Wade (an employee of the industry), resulting from a collision between a forklift truck being operated by Wade and the tender of the locomotive of a train being operated by the Railroad. The collision occurred December 19, 1955, at the crossing of a ten-foot concrete roadway and spur-track “E” on the Industry’s premises in Parkersburg, West Virginia.
Wade…
2Cases cited13 opinions
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Harry G. Seaboldt v. Pennsylvania Railroad Company (Defendant and Third-Party Plaintiff) v. Thompson Mahogany Company (Third-Party Defendant)Court of Appeals for the Third Circuit · 1961
- Chicago, R. I. & P. R. Co. v. Dobry Flour Mills, IncCourt of Appeals for the Tenth Circuit · 1954
- The Pennsylvania Railroad Company, Third-Party v. Erie Avenue Warehouse Co., Third-PartyCourt of Appeals for the Third Circuit · 1962
- Buckeye Cotton Oil Co. v. Louisville & NR Co.Court of Appeals for the Sixth Circuit · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERSDistrict Court, S.D. New York · 2004
- Burlington Northern Railroad v. Stone Container Corp.Colorado Court of Appeals · 1997
- Lehigh Valley Railroad v. American Smelting & Refining Co.District Court, E.D. Pennsylvania · 1966
- Brogdon v. Southern Railway Co.District Court, E.D. Tennessee · 1966