Aho v. BLANCHETTE PARAMOUNT DEV. ASSOC.

Thomas Aho, the plaintiff, was hurt when the car he was driving over a railroad crossing in Framingham was struck by a train. That train was operated by the Penn Central Transportation Company (Penn Central). The accident occurred in an easement which provided access across a railroad track to an industrial park. At issue is whether the terms of the easement imposed upon the owner of the industrial park (at the time of the accident the owner was Paramount Development Associates, Inc. [Paramount]), an obligation to indemnify the railroad for damages Aho recovers from the railroad.

In exchange…