New River Crushed Stone, Inc. v. Austin Powder Co.

HEDRICK, Judge.

A careful review of the record in the instant case reveals that plaintiff and defendant are in agreement as to the execution of the “Service Agreement” by them on 10 November 1972. Therefore, the one question for resolution on this appeal is whether the “Service Agreement” bars plaintiff’s claim as a matter of law. G.S. 1A-1, Rule 56 (c), Rules of Civil Procedure.

Initially, plaintiff contends that the “Service Agreement” violates public policy. While an indemnity contract which purports to relieve the indemnitee from liability for its own negligence or the negligence of its…