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In this action, the plaintiff sought indemnity from the defendant for moneys paid to settle a Federal Employee's Liability Act (FELA) claim, alleging an express contract. The plaintiff appealed an adverse judgment. The court found that the agreement between the parties was an oral contract for the defendant to provide equipment and operators at an hourly rate, without discussion of indemnity or insurance. Despite some service orders containing indemnity provisions on their reverse side, these were often issued for administrative purposes, after work had commenced, and were not understood by the defendant as contract alterations. The appellate court concurred with the chancellor's finding that the oral contract did not include an indemnity agreement and affirmed the trial court's judgment.
Southern Railway Co. v. Mullins is a workers' compensation case decided in Court of Appeals of Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Tennessee.
Full Decision Text1 Pages
In this action, the plaintiff sought indemnity from the defendant for moneys paid to settle a Federal Employee's Liability Act (FELA) claim, alleging an express contract. The plaintiff appealed an adverse judgment. The court found that the agreement between the parties was an oral contract for the defendant to provide equipment and operators at an hourly rate, without discussion of indemnity or insurance. Despite some service orders containing indemnity provisions on their reverse side, these were often issued for administrative purposes, after work had commenced, and were not understood by the defendant as contract alterations. The appellate court concurred with the chancellor's finding that the oral contract did not include an indemnity agreement and affirmed the trial court's judgment.
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