UNION PACIFIC R. v. KAISER AGR. CHEMICAL

No. 86-526.

425 N.W.2d 872 (1988)

229 Neb. 160

UNION PACIFIC RAILROAD COMPANY, a Corporation, Appellee, v. KAISER AGRICULTURAL CHEMICAL COMPANY, a Subsidiary of Kaiser Aluminum & Agricultural Chemical Corporation, a Corporation, Appellant.

Supreme Court of Nebraska.

July 15, 1988.


Attorney(s) appearing for the Case

C.L. Robinson of Fitzgerald & Brown, Omaha, for appellant.

Jay M. Nadlman, for appellee.

HASTINGS, C.J., BOSLAUGH, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge. Retired.


SHANAHAN, Justice.

UNION PACIFIC-KAISER AGREEMENT

From 1976 and pursuant to its agreement with Kaiser Agricultural Chemical Company, the Union Pacific Railroad Company supplied tracks and service to Kaiser's chemical facility. The trackage agreement, drafted by Union Pacific, included the following provision:

Section 9. LIABILITY. ....

The Industry [Kaiser] agrees to indemnify and hold harmless the Railroad Company for loss, damage...

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