St. Paul Mercury Indemnity Co. v. Kopp

OPINION

By HUNSICKER J:

In this appeal on questions of law, the cause is submitted to this court upon an agreed statement of facts, filed as a bill of exceptions, and the briefs and oral arguments by respective counsel for the parties.

The facts are that:

The Ohio Public Service Company (now Ohio Edison Company) entered into a written contract with Fred L. Nelson of Dayton, Ohio, a partnership, to do some pole line clearance along a certain right of way of The Ohio Public Service Company, a public utility, engaged in the transmission of electric power. The written contract contained, among other…