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SEABOARD COAST L.R. CO. v. INDUSTRIAL CONTRACTING COMPANY

No. 71-16.

260 So.2d 860 (1972)

SEABOARD COAST LINE RAILROAD COMPANY, a Railroad Corporation, Appellant, v. INDUSTRIAL CONTRACTING COMPANY, Inc., a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 8, 1972.

Attorney(s) appearing for the Case

Reginald Williams, DeBlois Milledge, Jr., and Roy S. Wood, Jr., of Dixon, Bradford, Williams, McKay & Kimbrell, Miami, for appellant.

Charles Desmond Crowley, Fort Lauderdale, for appellee.

MAGER, Judge.

Seaboard Coast Line Railroad Company (SCL) was the plaintiff below and Industrial Contracting Company, Inc. was the defendant. SCL had a contract with Industrial for the latter to build a railroad bridge. Under the terms of their contract Industrial assumed certain liability as follows:

"Article 14 — CONTRACTOR'S LIABILITY: Contractor assumes all responsibility and liability for, and will indemnify Railroad against, all loss and expense...

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