Mansfield Mutual Insurance v. Cleveland, Cincinnati, Chicago & St. Louis Railroad

Citations

• 74 Ohio St. (N.S.) 30

Syllabus

<p>Lease of railroad company — That the lessee exonerate it from-all liability — For damage to property by fire — Not void as. against public policy, when.</p> <p>1. A stipulation in a lease made by a railroad company that the lessee is to exonerate it from all liability for damages by fire to any property or structure on the demised premises,, ■which in the operation of the railroad may be accidentally or negligently communicated to it, is not void as against public policy.</p> <p>2. Such lessee and his insurers cannot recover from the railroad company the amount of the loss by fire to a building, and its contents owned by the lessee and located partly on such premises, when in the operation of the railroad the-fire was communicated to that part of the building on the; demised premises.</p>