Southern Pacific Co. v. Pittsburgh-Des Moines Steel Co.

Appellant Southern Pacific Company was named defendant in an action brought by one Bambrough to recover damages for bodily injuries sustained in a grade crossing accident. The railroad cross-complained against respondent steel company, seeking indemnity under a 1947 written agreement.

This agreement recites that respondent, called “licensee,” owns land adjoining the proposed crossing and desires a private road crossing of appellant licensor’s tracks. The agreement permits respondent licensee to construct such a crossing, and requires it to “maintain and keep said crossing in good repair, ’ ’ and to keep it1 ‘ and the flange ways thereof free and clear of all rubbish and debris.” No assignment or transfer of the agreement is permitted, and licensee shall not permit its use “by the public or by any person or persons except Licensee, [its] guests, tenants, employees and persons having business with Licensee, it being expressly understood and agreed that said crossing is a private one and is not intended for public use. ’ ’

Paragraph 7 provides “Licensee shall and hereby expressly agrees to indemnify and save harmless the Licensor . . . from and against any and all loss, damage,…