GORDON LEASING CO. v. NAVAJO FREIGHT LINES


130 N.J. Super. 290 (1974)

326 A.2d 114

GORDON LEASING CO., PLAINTIFF, v. NAVAJO FREIGHT LINES, DEFENDANT, AND RANCH & FARM LINES AND RICHARD WEBB, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. HERBERT J. KRAUSE, JOSEPH F. STRUNESKI, GENERAL EXPRESSWAYS, INC. AND SEABOARD SURETY CO., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, District Court — Somerset County.

September 26, 1974.


Attorney(s) appearing for the Case

Mr. Richard G. O'Brien for defendant and third-party plaintiff (Messrs. Bowers, Rinehart, Murphy & O'Brien, attorneys).

Mr. William D. Surdovel for defendant and third-party defendant (Messrs. Conaghan, Surdovel & Scheurer, attorneys).


GAYNOR, J.C.C.

This case involves the application of an indemnification provision contained in a so-called "trip lease" covering the use of a motor truck while engaged in the transportation of goods in interstate commerce. The issue before the court is whether such provision whereby the lessor indemnifies the lessee for any loss resulting from the use of the vehicle is unenforceable as being contrary to public policy as expressed in regulations promulgated by the...

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