· 7/10/1985
Rathbun v. Western Massachusetts Electric Co.
Citations
- 479 N.E.2d 1383
- 395 Mass. 361
- 1985 Mass. LEXIS 1626
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing high duty of care placed on those who transmit electricity
- finding no “general rule” as to whether negligent indemnitee can recover and noting that some prior cases have allowed negligent indemnitee to prevail
- stating general rule that there must be express language creating obligation to indemnify
- “The general rule is that there must be express language creating an obligation to indemnify one against his own negligence.”
- indemnity allowed to party not itself free from fault only in exceptional circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Abrams, Nolan, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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