CAMPBELL, District Judge.
In October, 1947, plaintiff and defendant entered into a written agreement whereby plaintiff licensed defendant to construct, maintain and use a coal hopper under a spur track at the Rosehill Station, Chicago; which was a part of plaintiff's railroad system. The contract contained the following provision for indemnity: "The licensee assumes and agrees to pay for all loss or damage to property and injury to or death of persons, including costs...
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