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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.