CLOVER VALLEY LUMBER CO. v. SIERRA VALLEY CREAMERY

No. 5024.

18 F.2d 858 (1927)

CLOVER VALLEY LUMBER CO. v. SIERRA VALLEY CREAMERY, Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

May 2, 1927.


Attorney(s) appearing for the Case

Brobeck, Phleger & Harrison, of San Francisco, Cal. (Gregory A. Harrison, of San Francisco, Cal., of counsel), for plaintiff in error.

J. F. Riley, of San Francisco, Cal., for defendants in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


GILBERT, Circuit Judge (after stating the facts as above).

Error is assigned to the denial of the lumber company's motion for an instructed verdict in its favor on the ground of lack of evidence to justify the conclusion that the fire was caused by sparks issuing from its box factory, or that it had done or omitted to do any act which an ordinarily prudent man, engaged in the box factory business, would not have done or omitted to do under like circumstances. Looking...

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