St. Louis-San Francisco Railway Co. v. Armco Steel Corp.

490 F.2d 367
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 4, 1974
DocketNos. 73-1397, 73-1405
StatusPublished
Cited by8 cases

This text of 490 F.2d 367 (St. Louis-San Francisco Railway Co. v. Armco Steel Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Louis-San Francisco Railway Co. v. Armco Steel Corp., 490 F.2d 367 (8th Cir. 1974).

Opinion

HEANEY, Circuit Judge.

The St. Louis-San Francisco Railway Company appeals from a final judgment for the defendants in a product liability case in the United States District Court for the Eastern District of Missouri. The defendant, Pullman Incorporated, also appeals from the trial court’s adverse ruling on its third-party action for attorneys’ fees and expenses against Maryland Casualty Company.

On December 19, 1969, a Frisco train was derailed with a resulting loss to Frisco of $745,000. The derailment was caused by the failure of a wheel manufactured and sold by Armco Steel Company to Pullman in 1966. Pullman, in turn, mounted the wheel on a railroad car and sold the car to Trailer Train Company.1 That corporation leased the car to various railroads, including Frisco.

Frisco brought a diversity action for damages against Armco and Pullman. It alleged that the wheel that caused the derailment was a defective and unreasonably dangerous one. Pullman cross-claimed, seeking indemnity against Arm-co in the event judgment was entered against it. Pullman, in a third-party action, sought to be declared an insured under Armco’s liability insurance policy issued by Maryland and, thus, that it was entitled to a defense by that company.

The case was tried to the court on the theory that Missouri law governed. The court held that Missouri had adopted the theory of strict liability in tort as set forth in the Restatement (Second) of Torts § 402A (1965) in Keener v. Dayton Electric Manufacturing Co., 445 S. W.2d 362 (Mo.1969), and that Frisco was not entitled to recover under that theory because the wheel was not sold in a “defective condition unreasonably dangerous to the user or consumer * * It dismissed the indemnity cross-claim for mootness and held that Pullman could not recover its attorneys’ fees and expenses under Armco’s policy' with Maryland because the policy excluded coverage to organizations otherwise covered who changed the form of the product or who performed installations in connection with the product.

The Frisco Claim for Damages.

The District Court found:

(1) The American Association of Railroads (AAR) establishes the specifications that railroad wheels must meet. These specifications are adopted by a vote of the members of the AAR, including Frisco.

(2) The wheel was manufactured in accordance with AAR specifications. It is normal for as-forged, hot-rolled wheels to develop scale pits on their surfaces during the manufacturing process. The pits may be removed by grinding or shot peening. The pits increase the possibility of metal fatigue. The existence of fatigue cracks in railroad wheels is not unusual. A manual of the AAR requires that a wheel showing signs of metal fatigue be removed from service.

[369]*369(3) The wheel was inspected before sale, at the Armco factory, for compliance with AAR specifications by Arm-co’s inspectors and other inspectors employed by the Pennsylvania Railroad and working under contract for Trailer Train. It was found to meet the specifications.

(4) Pullman smooth-bored a preexisting hole in the center of the wheel and placed the wheel on the axle of the railroad car which was delivered to Trailer Train.

(5) The railroad car was used by various railroads throughout the United States from May 13, 1966, until its derailment on December 19, 1969. It was inspected at each interchange by the railroad receiving the car. The inspection of the car included an inspection of the wheels.

(6) The wheel and its mate were subjected to unusual stress.2 3

(7) The wheel failed as a result of metal fatigue.

(8) The metal fatigue occurred at the cracks in the wheel which were in the vicinity of two of the scale pits on the wheel.

(9) Frisco fully contemplated, all of the characteristics of the wheel.

The court concluded:

An essential requirement of a strict liability case is proof that the plaintiff was caused harm by reason of a product which when sold was in a defective condition unreasonably dangerous to the user or consumer or to his property. Within the concept of strict liability, a defective condition is one not contemplated by the user which will be dangerous to him. By “unreasonably dangerous” is meant that the product must be dangerous to an extent beyond that contemplated by those having the ordinary knowledge of the community as to the characteristics of the product. Railroads, in-eluding, of course, the plaintiff railroad, are the sole ultimate purchasers and users of railroad cars and wheels and the Court finds that Frisco fully contemplated all of the characteristics of the wheel in question and that the wheel was neither defective nor unreasonably dangerous.

Frisco argues on appeal that the trial court’s finding that the wheel complied with AAR specifications was clearly erroneous. It contends, in the alternative, that the AAR standards were properly considered by the court in determining whether the wheel was unreasonably dangerous but should not have been determinative of that question. It contends that the court was required to go beyond the specifications and consider all of the evidence in determining whether the wheel was an unreasonably dangerous one; and that had the court done so, it would have found that the wheel was unreasonably dangerous as a matter of law.

The trial court’s finding that the wheel complied with AAR specifications was not clearly erroneous. Indeed, it was supported by substantial evidence. Numerous witnesses, including those responsible for the inspection program and independent experts, testified that the wheel was not excessively pitted and that it met the specifications in every respect. While there was expert testimony to the contrary, the trial court — as the fact-finder — had the right to reject the contrary testimony as . not persuasive. See, St. Louis Typographical Union No. 8 v. Herald Company, 402 F.2d 553, 557 (8th Cir. 1968).

We read the trial court’s findings and conclusions more broadly than Frisco. It did not rest its judgment for the defendants solely on the ground that the wheel met AAR specifications. It concluded more generally that the wheel was not defective or unreasonably dangerous. This finding is consistent with [370]*370the position taken in the Restatement (Second) of Torts § 402A (1965) and is supported by the record.

The parties agree that § 402A 3 correctly states the Missouri law of strict liability in tort. That section, inter alia, requires that a product be “sold in a defective condition unreasonably dangerous to the user * * * or his property” in order for strict liability to apply. Comment g defines a “defective condition” as a “condition not contemplated by the ultimate consumer which will be unreasonably dangerous to him.” Id. at 351. Comment i, in turn, provides that to be “unreasonably dangerous,” “[t]he article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.” Id. at 352.

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490 F.2d 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-san-francisco-railway-co-v-armco-steel-corp-ca8-1974.