Butters v. Consolidated Transfer & Warehouse Co., Inc.

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from' a summary judgment denying relief under a “hold harmless” agreement.

The city of Independence, Missouri, owns and operates a power and light department as a public utility engaged in the proprietary function of purchasing electric power for distribution to customers. In connection therewith it owned, controlled, and operated an electric transformer substation located at 34th Street and Kiger Road.

On or about July 12, 1968, Consolidated Transfer and Ware house Company, Inc. (Consolidated) was performing heavy hauling…