Canton R.R. Co., a Body Corpoate v. The Am. Smelting & Refining Co., Inc., 504 F.2d 1377 (4th Cir. 1974). · Go Syfert
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Canton R.R. Co., a Body Corpoate v. The Am. Smelting & Refining Co., Inc., 504 F.2d 1377 (4th Cir. 1974). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Estate of DaMon R. Fisher v. City of Annapolis (mdd, 2024-03-27)
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discussed Cited as authority (rule) Estate of DaMon R. Fisher v. City of Annapolis
D. Maryland · 2024 · confidence medium
Smelting & Refining Co., 504 F.2d 1377, 1378 (4th Cir. 1974) (per curiam) (upholding contract provision that explicitly split liability equally in cases of joint or concurrent negligence); Bethlehem Steel Corp. v. G.C.
Retrieving the full opinion text from the archive…
CANTON RAILROAD COMPANY, a Body Corporate, Appellee,
v.
the AMERICAN SMELTING AND REFINING COMPANY, INC., Appellant
74-1248.
Court of Appeals for the Fourth Circuit.
Oct 29, 1974.
504 F.2d 1377
Phillips L. Goldsborough, III, and Theodore B. Cornblatt, Baltimore, Md. (Smith, Somerville & Case, Baltimore, Md., on brief), for appellant., Robert L. Ferguson, Jr., Baltimore, Md. (Donald C. Allen and Allen, Thie-blot & Alexander, Baltimore, Md., on brief), for appellee.
Bryan, Butzner, Per Curiam, Widener.
Cited by 2 opinions  |  Published
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.