Southern Pacific Co. v. Pittsburgh-Des Moines Steel Co.

Appellant Southern Pacific Company was named defendant in an action brought by one Bambrough to recover damages for bodily injuries sustained in a grade crossing accident. The railroad cross-complained against respondent steel company, seeking indemnity under a 1947 written agreement.

This agreement recites that respondent, called “licensee,” owns land adjoining the proposed crossing and desires a private road crossing of appellant licensor’s tracks. The agreement permits respondent licensee to construct such a crossing, and requires it to “maintain and keep said crossing in good repair, ’ ’…