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BOSTON & MAINE RAILROAD v. HOWARD HARDWARE CO.

No. 1151.

186 A.2d 184 (1962)

BOSTON & MAINE RAILROAD v. HOWARD HARDWARE COMPANY.

Supreme Court of Vermont. Windham.

November 7, 1962.

Attorney(s) appearing for the Case

Black & Plante, White River Junction (Raffaele M. Terino, White River Junction, on the brief), for plaintiff.

Ryan, Smith & Carbine, Rutland, for defendant.

Before HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

HOLDEN, Justice.

This action is in contract. The Boston & Maine Railroad relies on an indemnity clause in its spur track agreement with the defendant shipper, Howard Hardware Company, to recover the amount paid in settlement of a claim arising from a fatal accident which occurred on the defendant's siding September 17, 1955.

On that day death occurred to one of the plaintiff's employees, James Diggins, while he...

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