National Surety Corp. v. Erskine & Sons, Inc.

CONNELL, District Judge.

This case is before the Coúrt for construction of an indemnity agreement entered into by T. L. James & Company (hereinafter called James) and the defendant. The essential facts upon which this action is predicated are as follows. James, a construction company, was awarded a prime contract from the Ohio Turnpike Commission to construct a section of the Ohio Turnpike. James subcontracted the hauling of sand, gravel and cement to the defendant. On July 5, 1955, Willie Smith, one of defendant’s truck drivers, was injured in the scope of his employment while working for…