Opinion
No. 74-1248.
Argued October 2, 1974.
Decided October 29, 1974.
Phillips L. Goldsborough, III, and Theodore B. Cornblatt, Baltimore, Md. (Smith, Somerville Case, Baltimore, Md., on brief), for appellant.
Robert L. Ferguson, Jr., Baltimore, Md. (Donald C. Allen and Allen, Thieblot Alexander, Baltimore, Md., on brief), for appellee.
Appeal from the United States District Court for the District of Maryland.
Before BRYAN, Senior Circuit Judge, and BUTZNER and WIDENER, Circuit Judges.
In seeking contribution or indemnity for a monetary settlement it had made under the Federal Employers' Liability Act for the death of its conductor, September 18, 1970 in Baltimore, the Canton Railroad Company sued The American Smelting and Refining Company, Inc. The accident occurred on a siding of the railroad owned by the ASARC. With the reasonableness of the amount paid agreed upon, the only issue was the question of the defendant's joint or concurrent negligence. The District Court, trying the action on a jury-waiver, found the defendant guilty thereof and assessed it with one-half of the damages. This apportionment derived from the railroad's and ASARC's outstanding contract to bear equally any liability resulting from "the joint or concurring negligence of both parties hereto" while on or about the sidetracks.
Perceiving that the findings of the District Court are not clearly erroneous and observing no errors of law at trial, we affirm on the District Judge's opinion. Canton Railroad Company v. American Smelting and Refining Company, Inc., 384 F. Supp. 1181 (D.Md. 1974).
Affirmed.