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SOUTHERN RY. CO. v. ADM MILLING CO.

No. 8126SC992.

294 S.E.2d 750 (1982)

SOUTHERN RAILWAY COMPANY, a Corporation v. ADM MILLING COMPANY, a Corporation.

Court of Appeals of North Carolina.

September 7, 1982.

Attorney(s) appearing for the Case

Jones, Hewson & Woolard by Hunter M. Jones and Harry C. Hewson, Charlotte, for plaintiff-appellant.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe and Irvin W. Hankins, III, Charlotte, for defendant-appellee.

WHICHARD, Judge.

Plaintiff instituted this action to collect from defendant $52,987.53 which plaintiff had paid to its employee who was injured while working on a spur track serving defendant's Mecklenburg County plant. The basis of the action was an indemnity provision of contracts in which plaintiff and defendant's predecessor in title agreed on the terms and conditions for the location and operation of the spur track on which the employee was injured.

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