Sweney Gasoline & Oil Co. v. Toledo, Peoria & Western Railroad

247 N.E.2d 603 (1969)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.