Tokio Marine & Fire Ins. Co., Ltd. v. Atchison, Topeka and Santa Fe Ry. Co.

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TOKIO MARINE & FIRE INSURANCE COMPANY, LTD., Plaintiff-Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, the New York, Susquehanna and Western Railway, Intermodal Systems, Inc., Defendants-Appellees. No. 90-55328. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1991. Decided Sept. 3, 1991. Before HUG, WILLIAM A. NORRIS and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 This is a subrogation action brought by Tokio Marine & Fire Insurance Company, Ltd. ("Tokio Marine") to recover damages sustained by its insured, American Honda Motor Company ("Honda"), when a train operated by a New York, Susquehanna and Western Railway ("NYS & W") derailed in Franklin, New Jersey, causing damage to 54 Honda All Terrain Vehicles ("ATVs") in the amount of $50,928.62. 3 Tokio Marine originally brought this action against Atchison, Topeka & Santa Fe ("Santa Fe") under the Carmack…