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SOUTHERN PACIFIC TRANSP v. SANDYLAND PROTECTIVE

Docket No. B042000.

224 Cal.App.3d 1494 (1990)

274 Cal. Rptr. 626

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Cross-complainant and Appellant, v. SANDYLAND PROTECTIVE ASSOCIATION, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

November 6, 1990.

Attorney(s) appearing for the Case

COUNSEL

Griffith & Thornburgh and James F. Cote for Cross-complainant and Appellant.

Archbald & Spray and Douglas B. Large for Cross-defendant and Respondent.

OPINION

GILBERT, J.

A homeowners association and a railroad company enter into an agreement whereby the association will construct and maintain a roadway so that its members can have access to their property across the railroad's tracks. The agreement contains a clause which requires the association to indemnify the railroad for any negligence of the railroad.

Here we hold that the indemnification clause is unenforceable because...

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