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BORDEN, INC. v. FLORIDA EAST COAST RY. CO.

No. 84-3165.

772 F.2d 750 (1985)

BORDEN, INC., Plaintiff-Appellant, Cross-Appellee, and Aetna Casualty & Surety Company, Plaintiff-Cross-Appellee, v. FLORIDA EAST COAST RAILWAY COMPANY, John Spak & William O. Harrison, Defendants-Appellees, and Matthew W. Frost, Marcus W. Frost, and Jane W. Frost, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 30, 1985.

Attorney(s) appearing for the Case

Christopher C. Skambis, Orlando, Fla., for plaintiff-appellant, cross-appellee.

J.W. Prichard, Jacksonville, Fla., F.E.C.R.C.

Terrence L. LaBelle, Ft. Lauderdale, Fla., for Frosts.

Adolfo del Castillo, Miami, Fla., for Aetna Cas. & Sur. Co.

Before VANCE and ANDERSON, Circuit Judges, and HENLEY, Senior Circuit Judge.

VANCE, Circuit Judge:

On February 12, 1979, a southbound Florida East Coast ("FEC") freight train derailed and ran into an ice cream freezer/warehouse owned by Borden, causing extensive damage. The train derailed because John Spak, William Harrison and Matthew Frost tampered with the track's switching and signalling systems and caused the train to be shunted without warning from the main track onto a short spur track. The train ran off the spur track, across a road...

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