Boston and Maine Railroad v. Bethlehem Steel Company

ALDRICH, Circuit Judge.

This is an action for indemnity removed from the Massachusetts Superior Court. Plaintiff appellant, Boston and Maine Railroad, is a Massachusetts corporation; defendant appellee, Bethlehem Steel Company, is of Pennsylvania. Railroad maintains a spur track on Massachusetts premises of Bethlehem under a so-called sidetrack agreement, the legality of which is not questioned. New York Central R. R. v. William Culkeen & Sons Co., 1924, 249 Mass. 71, 144 N.E. 96. This agreement contains provisions for indemnity, portions of which are as follows:

“The Shipper [Bethlehem] hereby…