Chicago & Northwestern Railway Co. v. Kramme

Defendants, partners in tbe contracting business, were engaged in work on a government flood control plan at Council Bluffs in tbe fall of 1946. They applied for and-obtained a license to build a private crossing over tbe tracks of plaintiff-railway for tbe purpose of hauling heavy equipment across the tracks. In accordance with the written agreement between plaintiff and defendants, plaintiff assigned one Stewart to protect train and vehicular movements over the crossing. On October 31, 1946, Stewart was seriously injured by a six-wheel dirt mover operated over the crossing by Orr, an…