John W. Eshelman & Sons, Inc. v. Seaboard Coast Line Railroad

GRIMES, Acting Chief Judge.

This appeal involves the interpretation of an indemnity agreement.

James Hicks, an Eshelman employee, sued Seaboard for injuries which he received while unloading bags of animal feed from a boxcar located on a sidetrack used to service Eshelman’s plant. He alleged that the accident occurred through the negligence of Seaboard when the boxcar on which he was standing was struck by another boxcar. Seaboard filed a third-party complaint against Eshelman and its insurer, Travelers, relying upon an indemnity provision contained in Seaboard’s lease to Eshel-man of the…