1959

Simple Rule from 175 A.L.R. 8 : where the parties fail to refer expressly to negligence in their contract such failure evidence’s the parties intention not to provide for indemnity for the indemnitee’s negligent acts.

Vinnell Co. Inc. v. Pacific Electric Railway Co., 52 Cal.2d 411 cites the appellate court decision in Southern Pacific Co. v. Fellows as the only dissenting voice of note. Judge Shenk states that Fellows has not been followed.

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