[Download] "CMC Heartland Partners v. L. B. Foster Co." by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: CMC Heartland Partners v. L. B. Foster Co.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 14, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CMC was the successor in interest to the Chicago, Milwaukee, St. Paul and Pacific Railroad. The railroad and Foster had a written contract whereby Foster agreed to remove rails and ties from the roadbed. The contract had an indemnity provision. After Foster completed the job, Young, an employee of a company which subsequently purchased the ties, was injured while driving on the railroads land. Young sued CMC for negligent maintenance of the road. CMC sought indemnity from Foster, alleging it or its subcontractors caused the injury. The court granted summary judgment to Foster, finding that the contractual provision did not cover the accident and, even if it did, the Montana "accepted work" doctrine barred indemnity. We reverse and remand.
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