GENERAL INS. CO. OF AMERICA v. NORTHERN PAC. RY. CO.

No. 5484.

28 F.2d 574 (1928)

GENERAL INS. CO. OF AMERICA v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

October 15, 1928.


Attorney(s) appearing for the Case

James B. Howe and Donald G. Graham, both of Seattle, Wash. (James B. Howe, Jr., of Seattle, Wash., on the brief), for appellant.

C. H. Winders, L. B. Da Ponte, and Arthur E. Simon, all of Seattle, Wash., for appellee.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.


HUNT, Circuit Judge.

The plaintiff insurance company seeks reversal of a judgment rendered against it, following a motion for a nonsuit, in an action to recover from the railroad company, damages by reason of a fire alleged to have been caused by sparks from defendant's locomotive, alleged to have been negligently constructed and operated.

The insurance company had issued two policies of fire insurance to one Agor, covering wool and sacks while contained in...

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