Union Pacific Railroad v. Intermountain Farmers Ass'n

HALL, Justice.

This appeal arises out of an action brought to enforce an indemnity provision in a lease agreement. The matter was heard by the court, sitting without a jury, upon stipulated facts, and it found the legal issues in favor of plaintiff, hence the appeal by defendant.

The facts giving rise to the action are briefly stated as follows: Plaintiff’s employee, Richard V. Richins, a train conductor, was injured on the leased premises of defendant’s while an engine was being used to remove empty box cars from the premises. The train, in darkness, illuminated by its headlights, entered into…