(Download) "Koch v. City of Hutchinson" by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Koch v. City of Hutchinson
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
Under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51, "a railroad has the nondelegable duty to provide its employees with a safe place to work even when they are required to go onto the premises of a third party over which the railroad has no control." Shenker v. Baltimore & Ohio R.R. Co., 374 U.S. 1, 7, 10 L. Ed. 2d 709, 83 S. Ct. 1667 (1963). Therefore, as a condition to furnishing rail service to the premises of defendant-appellant, Kansas Gas and Electric (KG & E), plaintiff-appellee, Missouri Pacific Railroad (MoPac), required a guarantee of indemnity against loss for injuries its employees sustained while working on KG & Es property. The result was an Industrial Track Agreement (ITA). In exchange for MoPacs promise to provide service on tracks running into the construction site of the Wolf Creek Generating Station near Aliceville, Kansas, KG & E agreed to maintain safe working conditions at the location or indemnify MoPac for damages arising from its failure to do so. Paragraph three of the ITA provided: