Gulf, Colorado & Santa Fe Railway Company v. G. C. McBride

Summary

The Texas Supreme Court reversed the lower courts and granted summary judgment for Gulf, Colorado & Santa Fe Railway Company, holding that the indemnitor (McBride) waived any right to demand a judicial determination of liability after settling the employee's claim without such determination, that the indemnity covered the employee's injury, and that the laches defense was not properly pleaded and therefore raised no genuine issue of fact. A dissent argued the Court lacked jurisdiction over the interlocutory order.