Brown v. Straw

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that indemnity agreement should be construed such as “all the words used [must] be taken in their ordinary and popular sense”
• “[E]ven a strict construction [of an indemnification clause] would require that all the words used be taken in their ordinary and popular sense.”
• \The parties in the case before us are commercial enterprises of sufficient size and quality as to presumably possess a high degree of sophistication in matters of contract.\
• “There is also authority for the proposition that the word ‘negligence’ need not be utilized where an intention to exclude liability predicated upon such is set forth by words excluding liability “for any and all harms however caused.”
• “What was intended by the parties, as evidenced by the words utilized in the agreement at issue, was that in exchange for rights of access to appellants' facilities, appellee was obligated to bear all risk of additional harm which might occur in connection with appellee's right of access.”

Source: CourtListener parenthetical corpus (CC0).