Luedeke v. Chicago & Northwestern Railway Co.

This action was brought to recover damages which the plaintiff claims resulted by reason of the negligence of the defendant in obstructing certain streets with a freight train and delaying the fire department in reaching the *126plaintiff’s property which was burning. The defendant-appeals to this court from a judgment in favor of the plaintiff.

The defendant sets up as an affirmative defense that the plaintiff, by written agreement, had assumed all risk of loss by fire to the property destroyed; that he had released the defendant from all such claims and had agreed to indemnify it for any loss.…