George H. Dingledy Lumber Co. v. Erie Railroad

Citations

• 102 Ohio St. (N.S.) 236

Syllabus

<p>Indemnity contracts — Strictly construed — Indemnification for failure to exercise care — General words and specific terms — Landlord and tenant — Covenant against loss \by fire or otherwise\— Personal injuries not included, when —Employe of lessee injured by lessor’s locomotive.</p> <p>1. Public policy requires that contracts of indemnity purporting to • relieve one from the results of his failure to exercise ordinary care shall be strictly construed, and will not be held to provide such indemnification unless so expressed in clear and unequivocal terms.</p> <p>2. Where, in a contract of indemnity, general words are used after specific terms, the general words will be limited in their meaning to things of like kind and nature as those specified.</p> <p>3. Such principle of construction should be applied to the contract of indemnity involved in this case, and an undertaking to save harmless from loss, damage or injury “by fire or otherwise” includes only loss, damage or injury arising from fire or causes kindred thereto and does not include injury caused to an employe of the lessee by the negligent operation of the lessor’s locomotive.</p>