§ 8-4-7-15 — Contracts; tort liability

Every such union railway company shall be
primarily liable to the public and to third persons on its contracts and
for its torts, but it shall be competent, as between themselves, for such
proprietary companies, such associate companies, and said union
railway company, to agree among themselves that the ultimate liability
for damages for any class of injuries to persons or property shall fall
upon one (1) or more of said companies, and such agreement as to such
ultimate liability may be enforced as between the companies parties to
such agreement: Provided, however, That nothing herein contained
shall prevent any person suing for an injury to persons or property from
joining as defendants any or all of said companies if the facts would
have justified such joinder if this section had never been passed.
Formerly: Acts 1885, c.20, s.15.