Sulphuric Acid Trading Co. v. Greenwich Insurance Co.

OPINION

CHARLES D. SUSANO, JR., J.,

delivered the opinion of the court,

in which HERSCHEL P. FRANKS, P.J., and SHARON G. LEE, J., joined.

The plaintiff, Sulphuric Acid Trading Company, Inc., (“the Owner”), entered into an agreement with the defendant, Xavier Chemical Company (“the Loading Company”), by the terms of which the Loading Company was to transload the Owner’s product, sulphuric acid, from railcars to tanker trucks. The Loading Company subcontracted with Bulkmatic Transport, Inc., to accomplish the transfer of the sul-phuric acid for subsequent distribution to the Owner’s customers.…