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SOUTHERN PAC. CO. v. BERKSHIRE

No. 106.

254 U.S. 415 (1921)

SOUTHERN PACIFIC COMPANY v. BERKSHIRE, TEMPORARY ADMINISTRATOR AND PERSONAL REPRESENTATIVE OF LINDER.

Supreme Court of United States.

Decided January 3, 1921.

Attorney(s) appearing for the Case

Mr. W.I. Gilbert and Mr. Wm. F. Herrin for petitioner. Mr. Guy V. Shoup and Mr. Henry H. Gogarty were also on the briefs.

Mr. C.B. Hudspeth and Mr. Geo. E. Wallace for respondent. Mr. A.J. Harper was also on the brief.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action brought in a state court against the petitioner for causing the death of Linder, the plaintiff's intestate. At the trial the petitioner requested instructions that Linder assumed the risk of injury from the cause complained of and that a verdict should be rendered for the defendant. These were refused, the defendant saving its rights upon the record...

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