North American Ry. Const. Co. v. Cincinnati Traction Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The writ of error is to reverse a judgment founded upon a directed verdict in favor of the defendant in error, a traction company, against plaintiff in error, a construction company, for the sum of six thousand seven hundred dollars — the direction being given at the conclusion of all The evidence.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The writ of error is to reverse a judgment founded upon a directed verdict in favor of the defendant in error, a traction company, against plaintiff in error, a construction company, for the sum of six thousand seven hundred dollars — the direction being given at the conclusion of all The evidence. The action was by the traction company against the construction company, upon a contract under which the construction company was to rehabilitate the tracks of the traction company. And…
1Opinion of the Court
GROSSCUP, Circuit Judge (after stating the facts as above), delivered the opinion.
' Contracts of indemnity such as the one here sued upon, are usually intended to provide against loss or liability of one party, through the operations of the other, or caused by physical conditions that are under the control of the other — over which the party indemnified has no control, and the party indemnifying has control. Indeed, it would take-clear language to show that a contract of indemnity was intended to cover conditions or operations under the control of the party indemnified, and not under the…
2Cited by35 opinions
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- Buckeye Cotton Oil Co. v. Louisville & NR Co.Court of Appeals for the Sixth Circuit · 1928
- Stern v. LaroccaNew Jersey Superior Court Appellate Division · 1958
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
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