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BEBEAU v. MART

No. 51339.

310 N.W.2d 465 (1981)

Bruce B. BEBEAU, Respondent, v. John MART, et al., Respondents, Lehigh Valley Railroad Co., et al., Defendants. LEHIGH VALLEY RAILROAD COMPANY, defendant and third party plaintiff, Appellant, v. MANNIX CONSTRUCTION, INC., Maintenance of Way Division, third party defendant, Respondent.

Supreme Court of Minnesota.

September 25, 1981.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, J. Richard Bland and Charles H. Becker, Minneapolis, for appellant.

Babcock, Locher, Neilson & Mannella, Robert F. Mannella and Gary T. LaFleur, Anoka, for Bebeau.

Bassford, Heckt, Lockhart & Mullin, Greer E. Lockhart and Charles E. Lundberg, Minneapolis, for Mart, et al.

Mahoney, Dougherty & Mahoney, Kenneth Gleason and Richard P. Mahoney, Minneapolis, for Mannix.

Heard, considered, and decided by the court en banc.

OPINION

TODD, Justice.

Bruce B. Bebeau (Bebeau), employed by Mannix Construction, Inc. (Mannix), to assist in operating equipment leased to Lehigh Valley Railroad (Lehigh), brought suit to recover damages for injuries suffered while repairing railroad track beds belonging to Lehigh. At trial, Mannix obtained a ruling from the trial court that its contractual agreement to indemnify Lehigh was void as against public policy because Lehigh had an absolute duty...

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