Phillippe v. Jerome H. Rhoads, Inc.

Opinion by

Van der Voort, J.,

This is an appeal from an Order granting defendant’s motion for judgment on the pleadings,1 entered on January 23, 1974, by Trial Judge John M. Wajert. Appellants’ cause of action was grounded in trespass and alleged that appellee’s negligent installation and maintenance of underground fuel storage tanks, gasoline pumps, and plumbing fixtures associated therewith caused three separate gasoline explosions. Appellee answered and raised by new matter the indemnity provision2 of the contract, viz., an “Equipment Loan Agreement”, by which appellants contracted with…