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Weaver v. American Oil Co.

Supreme Court of Indiana
276 N.E.2d 144 (1971)


Facts

American Oil Co. (American) (plaintiff) presented Weaver (defendant), who operated a gas station, a contract for the lease of the premises containing a “hold harmless” clause which provided that Weaver would hold harmless and also indemnify American for any negligence of the oil company occurring on the leased premises. American’s employee subsequently sprayed oil on Weaver and his associate causing burns and other injuries. American brought an action seeking declaratory judgment on the issue of liability under the policy. Weaver appealed from a judgment stating that he was liable.

Rule of Law

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Issue

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Holding and Reasoning (Arterburn, C. J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Prentice, J.)

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