Sweney Gasoline & Oil Co. v. Toledo, Peoria & Western Railroa
247 N.E.2d 603 (1969)
Nature of the Case
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Facts
Sweney (P) leased land from Toledo (D) that was adjacent to the railroad tracks. P maintained a bulk oil station for the storage and distribution of gasoline, etc. A freight train derailed and damaged P's structures. The lease contained an exculpatory clause. The trial court ruled that D was exonerated even after considering a statute that held these clauses void for certain classes of business. P appealed.
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