Chicago & N. W. Ry. Co. v. Chicago Packaged Fuel Co.

KERNER, Circuit Judge.

Plaintiff, Chicago and North Western Railroad Company, a Wisconsin corporation, sued defendant for reimbursement of $55,000 paid to one Frank Drews under the provisions of a written contract whereby plaintiff licensed defendant to construct, maintain and use a coal hopper under a spur track which was a part of plaintiff’s railroad running across defendant’s premises at Chicago.

This is the .second appearance of this case. See 7 Cir., 183 F.2d 630. In that appeal we held that a serious question of law was presented as to the scope of the indemnity; that the question of…