National Automobile & Casualty Insurance v. Mt. Pitt Co.

KILKENNY, District Judge.

Plaintiff, in this diversity action, demands judgment against defendant on an indemnity agreement. Plaintiff is referred to as National, the defendant as Pitt, Cheney Forest Products as Cheney, and Pitt’s foreman as Davis. At all times pertinent to this decision, Pitt was a lessee under Cheney1 of a lath mill and lim*479ited contiguous premises. As part of the lease, Pitt agreed to indemnify Cheney under the provisions set forth in the footnote.2

Cheney’s sawmill operations completely surrounded the lath mill leased by Pitt. Pitt employed from three to five men in its…