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THING v. SOUTHERN PAC. CO.

No. 5610.

31 F.2d 36 (1929)

THING v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Ninth Circuit.

March 4, 1929.

Attorney(s) appearing for the Case

Armstrong, Lewis & Kramer and G. W. Shute, all of Phœnix, Ariz., for appellant.

Baker & Whitney, of Phœnix, Ariz., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

DIETRICH, Circuit Judge.

Appellant, as administratrix, brought this suit to recover damages for the death of Frank L. Thing, who was killed as the result of an accident in which the automobile he was driving collided with a railroad motorcar operated by defendant. She alleged that appellee negligently maintained a public crossing in an unsafe condition, and also that it failed to use due care after discovering the deceased's peril. At the close of her testimony, the...

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