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SOUTHERN RY. CO. v. SPRINGS MILLS, INC.

Nos. 79-1320, 79-1335.

625 F.2d 496 (1980)

SOUTHERN RAILWAY COMPANY, a corporation, Appellee, v. SPRINGS MILLS, INC., a corporation, Appellant. SOUTHERN RAILWAY COMPANY, a corporation, Appellant, v. SPRINGS MILLS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 10, 1980.

Attorney(s) appearing for the Case

Robert R. Carpenter, Rock Hill, S. C. (Roddey, Carpenter & White, Rock Hill, S. C., on brief), for appellant/cross-appellee.

Emil W. Wald, Rock Hill, S. C. (Spencer & Spencer, P. A., Rock Hill, S. C., on brief), for appellee/cross-appellant.

Before FIELD, Senior Circuit Judge, and HALL and PHILLIPS, Circuit Judges.

K. K. HALL, Circuit Judge:

This diversity case arises in connection with the injury of a railroad employee on a spur line which runs into a Fort Mill, South Carolina, plant owned by appellant Springs Mills, Inc. Appellant raises the single issue whether it was required, under a spur track agreement, to indemnify Southern Railway Co. [the Railway] for loss occasioned by the negligence of the Railway. The district court held that a supplemental indemnity provision to...

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