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SOUTHERN PACIFIC COMPANY v. GILA RIVER RANCH, INC.

No. 9730-PR.

105 Ariz. 107 (1969)

460 P.2d 1

SOUTHERN PACIFIC COMPANY, a Delaware corporation, Appellant, v. GILA RIVER RANCH, INC., an Arizona corporation, Appellee.

Supreme Court of Arizona. In Banc.

October 23, 1969.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, Phoenix, for appellant.

Jennings, Strouss, Salmon & Trask, Phoenix, for appellee.

UDALL, Chief Justice.

In 1934 plaintiff, Southern Pacific Company, hereinafter referred to as the railroad, entered into a written "Private Road Crossing Agreement" with the predecessor of defendant, Gila River Ranch, Inc., hereinafter referred to as the ranch. In consideration of the railroad's permitting the ranch to construct and use a road across its tracks, the ranch agreed to keep the crossing in good repair and to indemnify the railroad against all loss and...

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