Chicago & North Western Transportation Co. v. v & R Sawmill, Inc.

MEMORANDUM OPINION

BOGUE, Chief Judge.

This case deals with indemnity clauses contained in agreements entered into between Plaintiff and Defendant V & R Sawmill (hereinafter referred to as V & R). 1 In December, 1965, Plaintiff leased property to V & R upon which V & R operated a wood chip loading facility near Plaintiff’s railroad tracks in Hermosa, South Dakota. The following year, a licensing agreement was entered into between Plaintiff and V & R. This agreement covered the use of a chip loading apparatus which extended over a portion of Plaintiff’s track. During 1971, all of the property…