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PENNSYLVANIA RAILROAD CO. v. STAUFFER CHEMICAL CO.

255 A.2d 696 (1969)

The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania v. The STAUFFER CHEMICAL COMPANY, a corporation of the State of New York.

Superior Court of Delaware, New Castle.

June 19, 1969.

Attorney(s) appearing for the Case

Richard E. Poole, Wilmington, for plaintiff.

Warren B. Burt, and Wayne N. Elliott, Wilmington, for defendant.

OPINION

CHRISTIE, Judge.

The Stauffer Chemical Company owns and operates near Morrisville, Pennsylvania, a plant which the Pennsylvania Railroad Company serves by means of a side spur of track. This side track is the subject of a contract between Stauffer and the railroad. Paragraph 8 of the contract provides:

"It is understood that the movement of railway locomotives involves some risk of fire, and the Industry assumes all responsibility for and...

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