The opinion
WALLACE, Circuit Judge
(dissenting). If the ticket was sold while the receivers were operating the railroad, in my opinion the plaintiff was not fentitled to recover. The defendant at that time had not come into existence, but was subsequently incorporated, and acquired the railroad by deed-from vendors who had bought it at a foreclosure sale. In the deed the defendant covenanted to indemnify the vendors, and also the receivers, against contracts and liabilities outstanding. I cannot agree with the majority of the court that by force of that covenant the defendant became obligated to carry the plaintiff as a passenger who had purchased a ticket from the receivers. That covenant was exclusively for the benefit and protection of the vendors and the receivers, and not inuring to the benefit of the plaintiff. She could not derive any right of action founded upon it. Austin v. Seligman (C. C.) 18 Fed. 522; Welden National Bank v. Smith, 86 Fed. 398 , 30 C. C. A. 133, 137 .