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SPRACKLEN v. ATCHISON, T. & S. F. RY. CO.

No. 4467.

7 F.2d 468 (1925)

SPRACKLEN et al. v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

August 24, 1925.

Attorney(s) appearing for the Case

Milton L. Schmitt and Joseph H. Mayer, both of San Francisco, Cal., for plaintiffs in error.

E. W. Camp, E. T. Lucey, Robert Brennan, and M. W. Reed, all of Los Angeles, Cal., and Platt Kent, of San Francisco, Cal., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

The plaintiff in error, Dora Spracklen, together with her minor children, brought an action against the defendant in error to recover damages for the death of her husband, which was alleged to have been caused by the negligence of the defendant in error. The answer denied the alleged negligence, and pleaded contributory negligence on the part of the deceased.

The minutes of the court below show that the plaintiffs, after introducing...

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