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CHICAGO & N. W. RY. CO. v. DAVENPORT

No. 14300.

205 F.2d 589 (1953)

CHICAGO & N. W. RY. CO. v. DAVENPORT et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 11, 1953.

Attorney(s) appearing for the Case

Arthur P. Bagby and J. Sam Winters, Austin, Tex., Drennan J. Slater and Gerald M. Chapman, Chicago, Ill., for appellant.

John J. McKay, Austin, Tex., Denver E. Perkins, Gonzales, Tex., for appellees.

Before HOLMES, STRUM and RIVES, Circuit Judges.

RIVES, Circuit Judge.

By this action the appellant, Chicago and North Western Railway Company (hereinafter called the Railroad) seeks to recover from the appellee partners and from Dailey Bros. Circus, a partnership, (hereinafter called the Circus) under an indemnity agreement in a contract providing for the haulage of the Circus' train over the Railroad's line. The questions in dispute involve the construction and validity of the contract provisions for indemnity...

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