SOUTHERN PAC. CO. v. STEPHENS

No. 5179.

24 F.2d 182 (1928)

SOUTHERN PAC. CO. v. STEPHENS.

Circuit Court of Appeals, Ninth Circuit.

February 13, 1928.


Attorney(s) appearing for the Case

Robt. T. Devlin, Wm. H. Devlin, and Devlin & Devlin, all of Sacramento, Cal., for plaintiff in error.

Martin I. Welsh and Joseph L. Knowles, both of Sacramento, Cal., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


DIETRICH, Circuit Judge.

As the result of a collision at a highway crossing in the country, near Sacramento, Cal., between a lone engine belonging to the plaintiff in error, hereinafter referred to as defendant, and an automobile in which Thomas R. Stephens and two other men were riding, Stephens was killed. Alleging negligence on the part of the engine driver, plaintiff, as administratrix of the estate of the deceased, recovered judgment, from which the defendant...

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