SOUTHERN PACIFIC CO. v. RALSTON

No. 688.

62 F.2d 1026 (1933)

SOUTHERN PACIFIC CO. v. RALSTON.

Circuit Court of Appeals, Tenth Circuit.

January 20, 1933.


Attorney(s) appearing for the Case

Paul H. Ray, of Salt Lake City, Utah (Robert L. Judd and E. M. Bagley, both of Salt Lake City, Utah, on the brief), for appellant.

Willard Hanson, of Salt Lake City, Utah (Lindsay R. Rogers, of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.


LEWIS, Circuit Judge.

Ralston, while in the employ of appellant as head-brakeman on its freight train carrying interstate commerce, received personal injuries for which he recovered judgment as his damages. The train arrived at Grant's Pass, Oregon, a few minutes after 4:00 o'clock A. M. on August 31, 1930. A car was set out, and the train was then pulled across Sixth Street, and the engine and tender, the latter being a tank car containing fuel oil and water, were...

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