Southern Railway Co. v. Arlen Realty & Development Corp.

This is an appeal from a judgment of the trial court denying Southern Railway Company (Southern or the railroad) indemnification from Arlen Realty and Development Corp. (Arlen or the indemnitor) for attorney’s fees and other expenses of litigation. The trial court, sitting without a jury, held that the indemnity provision in a “Trailer Use Agreement” between Southern and Arlen was effective and that reasonable attorney’s fees and expenses incurred in defense of a tort claim were within the scope of that provision. The court, however, denied recovery for these items because Southern made no…