Third District.

#### Wabash Railway Company, plaintiff in error, v. A. E. Staley Manufacturing Company, defendant in error.

Action by a railroad company against a manufacturing company under a" contract to indemnify the plaintiff for injuries to persons due to defendant’s negligence and arising out of switching operations upon defendant’s premises for which plaintiff might become liable. Judgment for defendant on demurrer. Error to the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1920.

Affirmed.

Opinion filed October 25, 1921.

Hugh W. Housum and Joseph Housum, for plaintiff in' error; N. S. Brown and L. H. Strasser, of counsel.

Le Forgee, Black & Samuels, for defendant in error.

Mr. Presiding Justice Graves

delivered the opinion of the Court.