WEAVER, J.
Ross Transfer Company (hereafter called Ross) contracted with Union Pacific Railroad Company (hereafter called the Railroad) to unload piggyback trailers from the Railroad's flatcars. The contract provided in part:
"Section 5. The Contractor [Ross] ... agrees to protect, indemnify and hold harmless the Railroad ... against any expense ... that may be suffered or incurred by the Railroad ... resulting from ... death of person or persons ... caused...
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