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SEABOARD AIR LINE R. CO. v. SARASOTA-FRUITVILLE D. DIST.

No. 16590.

251 F.2d 583 (1958)

SEABOARD AIR LINE RAILROAD COMPANY, Appellant, v. SARASOTA-FRUITVILLE DRAINAGE DISTRICT, Appellee.

United States Court of Appeals Fifth Circuit.

January 14, 1958.

Attorney(s) appearing for the Case

Morris E. White, Michael L. Kinney, Tampa, Fla., for appellant.

Charles E. Early, Sarasota, for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The sole question presented here is whether a Florida Drainage District admittedly not liable for torts as such under Florida law, Rabin v. Lake Worth Drainage Dist., Fla., 82 So.2d 353, certiorari denied 350 U.S. 958, 76 S.Ct. 348, 100 L.Ed. 833; Arundel Corp. v. Griffin, 89 Fla. 128, 103 So. 422, is liable to a Railway on an indemnity-hold-harmless agreement in a canal right of way easement granted...

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