Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant)

Third Circuit

Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant)

226 F.2d 959

Court of Appeals for the Third Circuit·Decided November 16, 1955·No. 11633·Published

Opinion

PER CURIAM.

Walter Tozar brought an action against the Philco Corporation for personal injuries suffered through the alleged negligence of an employee of Phil-co. Philco joined as third party defendant Oliver B. Cannon & Son, Inc. who-were painting contractors doing work on Philco’s premises. Philco settled with Tozar. At this stage of the litigation Philco seeks indemnity against Cannon by virtue of a contract and a release executed by Cannon which, Philco says, constitutes a promise to indemnify. The district court gave judgment against Philco and it appeals.

We think that Judge Lord’s opinion in the district court is an accurate statement of the problem and a satisfactory answer to it. We have nothing more to. add and therefore, affirm the judgment on the opinion of the district judge reported in 130 F.Supp. 554.

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PER CURIAM.

Walter Tozar brought an action against the Philco Corporation for personal injuries suffered through the alleged negligence of an employee of Phil-co. Philco joined as third party defendant Oliver B. Cannon & Son, Inc. who-were painting contractors doing work on Philco’s premises. Philco settled with Tozar. At this stage of the litigation Philco seeks indemnity against Cannon by virtue of a contract and a release executed by Cannon which, Philco says, constitutes a promise to indemnify. The district court gave judgment against Philco and it appeals.

We think that Judge Lord’s opinion in the district court is an accurate statement of the problem and a satisfactory answer to it. We have nothing more to. add and therefore, affirm the judgment on the opinion of the district judge reported in 130 F.Supp. 554.

Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant), 226 F.2d 959 (3d Cir. 1955).

Pincite

226 F.2d 959 (Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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