UNION CAMP CORP. v. L. & N. R. CO.

48462, 48538.

130 Ga. App. 113 (1973)

202 S.E.2d 508

UNION CAMP CORPORATION v. LOUISVILLE & NASHVILLE RAILROAD COMPANY et al.; and vice versa.

Court of Appeals of Georgia.

Decided October 1, 1973.

Rehearing Denied October 29, 1973.


Attorney(s) appearing for the Case

Carter, Ansley, Smith & McLendon, H. Sanders Carter, Jr., for appellant.

Neely, Freeman & Hawkins, Albert H. Parnell, Heyman & Sizemore, Benjamin H. Oehlert, III, George H. Myshrall, Jr., for appellees.


DEEN, Judge.

The events giving rise to this indemnity action are substantially as follows: The defendant Union Camp Corp. was by agreement included in a previously executed contract, regarding the construction and use of a railroad spur sidetrack adjacent to its warehouses. Paragraph 7 (a) stipulated that the industry would permit no obstruction over the sidetrack closer than eight feet six inches from its center line and further assumed "to indemnify and hold harmless...

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