Southern Pacific Company v. Gila River Ranch, Inc.

UDALL, Chief Justice.

In 1934 plaintiff, Southern Pacific Company, hereinafter referred to as the railroad, entered into a written “Private Road Crossing Agreement” with the predecessor of defendant, Gila River Ranch, Inc., hereinafter referred to as the ranch. In consideration of the railroad’s permitting the ranch to construct and use a road across its tracks, the ranch agreed to keep the crossing in good repair and to indemnify the railroad against all loss and expense “of every kind and nature, from any cause whatsoever, resulting directly or indirectly from the maintenance, presence or…