Huck v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Summary judgment was properly denied. The present phase of this litigation turns on the construction of the following provision of the contract between Doughboy (the “Industry”) and the Omaha Railway:

“11. The Industry also agrees to indemnify and hold harmless the Railway Company for loss, damage, or injury from any act or omission of the Industry, its employees, or agents, to the person or property of the parties hereto and their employees, and to the person or property of any other person or corporation, while on or about said track; and if any claim or liability other than from fire shall…