Southern Pacific Co. v. Morrison-Knudsen Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reaching a different conclusion based on the parties’ equality of bargaining position and the differing nature of Morrison-Knudson’s activity
• reaching a different conclusion based on the parties' equality of bargaining position and the differing nature of Morrison-Knudson's activity
• a contractual claim for indemnity “arises out of a liability flowing from the indemnitee’s negligent conduct”
• “ ‘from all liability, cost and expense resulting directly or indirectly from the presence or use of said bunker’ ”
• court applied clause indemnifying railroad from “all liability, cost and expense”
• contract doctrines, not tort principles, control scope of indemnity

Source: CourtListener parenthetical corpus (CC0).