Straub v. Missouri Pacific Railroad Company

The answer filed by the railroad company specifically pleaded the eleventh paragraph of the contract which is quoted in the majority-opinion, and alleges that, by virtue of this paragraph, the railroad-company was to be held harmless for any liability for fire occurring on the industrial track where the car of seed was standing when it burned. If the railroad company can so exempt itself, paragraph eleven accomplishes that purpose, for it expressly provides that the railroad company shall be exempt from liability for damages from fire to property on the track “happening howsoever. ’ ’

The…