Atlantic Coast Line Railroad v. Norfolk Southern Railway Co.

The single question presented by this appeal is: Does the contract between the plaintiff and the defendant make the defendant liable for damage sustained by plaintiff because of a broken rail, notwithstanding the rail broke through no fault of the defendant ? ’

The plaintiff contends that the contract makes the defendant an insurer and imposes absolute liability. The plaintiff lays stress on the part of paragraph Fourth of the contract wherein the defendant agrees that it “will at its own cost and expense, at all times maintain said crossing in good condition, and will from time to time make…