I must respectfully dissent from the holding that Eastwood's claim based upon deprivation of vertical support on account of United States Steel's mining operation and the claim based upon negligence are barred by the reservations and releases contained in the Tennessee Land Company's original deed.
I would go beyond the exception carved in Sumter Plywood and adopt the rationale of Justice Jones's dissent in IndustrialTile. I would, as he reasoned, simply hold any contract of indemnity relieving one of the consequences of his own negligence void as a matter of public policy.
FAULKNER, J., concurs.