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RICHMOND, F. & P. R. CO. v. SUTTON CO., INC.

Record No. 761269.

238 S.E.2d 826 (1977)

RICHMOND, FREDERICKSBURG AND POTOMAC RAILROAD COMPANY v. SUTTON COMPANY, INC., and United States Fire Insurance Company.

Supreme Court of Virginia.

November 23, 1977.

Attorney(s) appearing for the Case

Charles A. Hartz, Jr., Richmond (Urchie B. Ellis, Richmond, on briefs), for plaintiff in error.

Edward A. Marks, Jr., Richmond (Sands, Anderson & Marks, Richmond, on brief), for defendants in error.

Before CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

POFF, Justice.

Richmond, Fredericksburg and Potomac Railroad Company (Railroad) filed a motion for judgment against Sutton Company, Inc., (Sutton) and Sutton's insurer, United States Fire Insurance Company, to recover $229,536.15 allegedly due under a contract of indemnification dated January 2, 1973. The damages sought represented losses resulting from a train derailment which occurred June 1, 1973 at Lorton where Sutton was installing a "crossover" connecting two...

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