Canton Railroad Company, a Body Corpoate v. The American Smelting and Refining Company, Inc.

Fourth Circuit

Canton Railroad Company, a Body Corpoate v. The American Smelting and Refining Company, Inc.

504 F.2d 1377, 1974 U.S. App. LEXIS 6312

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 29, 1974

Docket74-1248

StatusPublished

Cited by2 cases

This text of 504 F.2d 1377 (Canton Railroad Company, a Body Corpoate v. The American Smelting and Refining Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Canton Railroad Company, a Body Corpoate v. The American Smelting and Refining Company, Inc., 504 F.2d 1377, 1974 U.S. App. LEXIS 6312 (4th Cir. 1974).

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Opinion

PER CURIAM:

In seeking contribution or indemnity for a monetary settlement it had made under the Federal Employers’ Liability Act for the death of its conductor, September 18, 1970 in Baltimore, the Canton Railroad Company sued The American Smelting and Refining Company, Inc. The accident occurred on a siding of the railroad owned by the ASARC. With the reasonableness of the amount paid agreed upon, the only issue was the question of the defendant’s joint or concurrent negligence. The District Court, trying the action on a jury-waiver, found the defendant guilty thereof and assessed it with one-half of the damages. This apportionment derived from the railroad’s and ASARC’s outstanding contract to bear equally any liability resulting from “the joint or concurring negligence of both parties hereto” while on or about the sidetracks.

Perceiving that the findings of the District Court are not clearly erroneous and observing no errors of law at trial, we affirm on the District Judge’s opinion. Canton Railroad Company v. American Smelting and Refining Company, Inc., 384 F.Supp. 1181 (D.Md.1974).

Affirmed.

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PER CURIAM:

In seeking contribution or indemnity for a monetary settlement it had made under the Federal Employers’ Liability Act for the death of its conductor, September 18, 1970 in Baltimore, the Canton Railroad Company sued The American Smelting and Refining Company, Inc. The accident occurred on a siding of the railroad owned by the ASARC. With the reasonableness of the amount paid agreed upon, the only issue was the question of the defendant’s joint or concurrent negligence. The District Court, trying the action on a jury-waiver, found the defendant guilty thereof and assessed it with one-half of the damages. This apportionment derived from the railroad’s and ASARC’s outstanding contract to bear equally any liability resulting from “the joint or concurring negligence of both parties hereto” while on or about the sidetracks.

Perceiving that the findings of the District Court are not clearly erroneous and observing no errors of law at trial, we affirm on the District Judge’s opinion. Canton Railroad Company v. American Smelting and Refining Company, Inc., 384 F.Supp. 1181 (D.Md.1974).

Affirmed.

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Bluebook (online)

504 F.2d 1377, 1974 U.S. App. LEXIS 6312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canton-railroad-company-a-body-corpoate-v-the-american-smelting-and-ca4-1974.

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