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

No. 5038.

20 F.2d 714 (1927)

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

Circuit Court of Appeals, Ninth Circuit.

August 1, 1927.

Attorney(s) appearing for the Case

E. W. Camp, M. W. Reed, and Robert Brennan, all of Los Angeles, Cal., Chalmers, Stahl, Fennemore & Longan, of Phœnix, Ariz., and E. E. McInnis, of Oklahoma City, Okl., for plaintiff in error.

O. N. Marron and Francis E. Wood, both of Albuquerque, N. M., for defendants in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge.

This is a writ of error by the defendant railroad company to review a judgment of the United States District Court in Arizona in favor of plaintiff, who was seriously injured in a collision at a grade crossing in New Mexico.

The complaint alleged that the crossing where the accident occurred was dangerous, because view of approaching trains was cut off and obstructed by cuts, curves, and configuration of the ground; that the highway was...

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