Southern Railway Co. v. ADM Milling Co.

WHICHARD, Judge.

Plaintiff instituted this action to collect from defendant $52,987.53 which plaintiff had paid to its employee who was injured while working on a spur track serving defendant’s Mecklen-burg County plant. The basis of the action was an indemnity provision of contracts in which plaintiff and defendant’s predecessor in title agreed on the terms and conditions for the location and operation of the spur track on which the employee was injured.

The trial court granted defendant’s motion for summary judgment. Plaintiff appealed, raising as issues (1) whether the court correctly…