Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber Co

POPE, Circuit Judge.

This was an action by Southern Pacific Company, a Delaware Corporation, against Booth-Kelly Lumber Company, an Oregon Corporation, seeking to recover sums which it had paid to settle a judgment against it by one Mack D. Powers, and for which Southern Pacific Company asserted Booth-Kelly Lumber Company was obliged to indemnify it.

On February 8, 1945, Southern Pacific Company-was moving a train of cars over an industrial track, constructed pursuant to an agreement between it and Booth-Kelly, over the latter’s premises at Springfield, Oregon. Booth-Kelly’s servants had left a…