PENN CENT. v. YOUNGSTOWN SHEET & TUBE

No. 769A132.

146 Ind. App. 216 (1969)

253 N.E.2d 704

PENN CENTRAL CO. v. YOUNGSTOWN SHEET & TUBE CO.

Court of Appeals of Indiana.

Rehearing denied January 16, 1970.

Transfer denied April 24, 1970.


Attorney(s) appearing for the Case

J.A. Bruggeman, Robert Thompson, Barrett, Barrett & McNagny, of counsel, all of Fort Wayne, for appellant.

John P. McQuillan, William S. Spangler, Spangler, Jennings, Spangler & Dougherty, of counsel, all of Gary, for appellee.


SHARP, J.

On April 29, 1958, Pennsylvania Railroad Company entered into an agreement with Appellee, Youngstown Sheet & Tube Company, with reference to the use of Appellant's tracks and property at and near Appellee's plant site in East Chicago, Indiana. The critical provision of this agreement here in issue is paragraph 8 which reads:

"Youngstown agrees to assume all liability for loss and damage to all...

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