Southern Pacific Co. v. Layman

This is a suit in equity for the specific performance of a covenant of indemnity contained in a written agreement by which the plaintiff and appellant, Southern Pacific Company, permitted the defendant and respondent, Henry Layman, to construct, maintain and use a private road crossing upon the plaintiff’s right of way and over its railroad in Marion county, Oregon. When the agreement was entered into on December 1, 1920, Layman was the owner of certain real property adjacent to the plaintiff’s main line track and right of way. Subsequently, and prior to the occurrence which gave rise to this…