[Download] "Franklin Fire Ins. Co. v. Chesapeake & O. Ry. Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Franklin Fire Ins. Co. v. Chesapeake & O. Ry. Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 25, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appellee leased to the Sandy Valley Grocery Company, a warehouse, which was occupied by one of the latters controlled corporations. The lessor covenanted for quiet enjoyment on the part of lessee; and the lessee covenanted to leave the premises in good repair, reasonable wear and tear and casualties by fire excepted; and to save and hold the lessor harmless from all claims for damages to crops, goods, wares, merchandise, buildings, or other property on the premises leased, caused by fire from locomotives, or for damage arising from any other cause whatsoever. Thereafter, during occupancy by the lessees corporation, employees of appellee railroad company, while engaged in removing old paint from wooden doors with a blowtorch, set the building afire. Appellant insurance companies, after paying claims for damage caused by the fire, to the lessee, sued appellee by right of subrogation. The trial court found that the employees of appellee were negligent in the performance of their work in removing the paint and causing the fire, but that their acts were neither willful nor wanton. It further held that appellee was exempted from any liability for damages caused by the fire by virtue of the stipulation in the lease, in which the lessee covenanted to save the lessor harmless from all claims for damage caused by fire from locomotives, or for damage from any other cause whatsoever.