Chicago & N. W. R. Co. v. Chicago Packaged Fuel Co.

CAMPBELL, District Judge.

In October, 1947, plaintiff and defendant entered into a written agreement whereby plaintiff licensed defendant to construct, maintain and use a coal hopper under a 'spur track at the Rosehill Station, Chicago; which was a part of plaintiff’s railroad system. The contract contained the following provision for indemnity: “The licensee assumes and agrees to pay for all loss or damage to property and injury to or death of persons, including costs and expenses incident thereto, arising, wholly or in part, from or in connection with the existence, construction,…