WALTON v. OREGON SHORT LINE R. CO.

No. 6382.

50 F.2d 352 (1931)

WALTON v. OREGON SHORT LINE R. CO.

Circuit Court of Appeals, Ninth Circuit.

May 25, 1931.


Attorney(s) appearing for the Case

Milton E. Zener and T. C. Coffin, both of Pocatello, Idaho, for appellant.

Geo. H. Smith, of Salt Lake City, Utah, and H. B. Thompson and L. H. Anderson, both of Pocatello, Idaho, for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.


WILBUR, Circuit Judge.

Appellant brought this action to recover damages for the death of three of the minor children of herself and her husband, Verne Walton, who was killed at the same time as the children, in a railroad crossing accident. The husband, who was driving the automobile at the time of the collision, drove directly onto the railroad track in front of the passenger train operated by the appellee railroad company.

Upon the trial of the case appellee...

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