Opinion
No. 19,658.
Filed December 17, 1964.
From the Putnam Circuit Court, John H. Allee, Judge.
Judgment in a declaratory judgment action was rendered against appellant, The Pennsylvania Railroad Company, and in favor of appellee, Ned B. Kent. The Appellate Court affirmed the judgment of the trial court and now appellant petitions to transfer to the Supreme Court.
Reporter's Note. — See Appellate Court opinion reported in 198 N.E.2d 615.
Petition to transfer denied.
White, Raub, Reis Wick, of Indianapolis, for appellant.
Hickam Hickam, of Spencer, for appellee.
This case comes to this Court on petition to transfer. (See 198 N.E.2d 615)
The opinion of the Appellate Court should be construed as denying the right of a common carrier to make indemnifying contracts against its own torts or negligence in its common carrying services only with those using such services, and it further should not be construed as prohibiting a common carrier from entering into insurance contracts with duly licensed insurance companies to indemnify it against its losses.
Upon such interpretation, the petition to transfer is denied.
Jackson, Myers, Landis and Achor, JJ., concur.
NOTE. — Reported in 202 N.E.2d 893.