HUCK v. CHICAGO, ST. P., M. & O. R. CO.


5 Wis.2d 124 (1958)

HUCK, Plaintiff, v. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY, Defendant and Respondent: DOUGHBOY INDUSTRIES, INC., Interpleaded Defendant and Appellant.

Supreme Court of Wisconsin.

October 7, 1958.


Attorney(s) appearing for the Case

For the appellant there was a brief by Stafford, Pfiffner & Stafford of Chippewa Falls, and oral argument by Robert F. Pfiffner.

For the respondent there was a brief by Wilcox & Sullivan of Eau Claire, attorneys, and Warren Newcome of St. Paul, Minnesota, of counsel, and oral argument by Francis J. Wilcox.


WINGERT, J.

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...

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