SPOKANE INTERNATIONAL RY. CO. v. UNITED STATES

No. 6959.

72 F.2d 440 (1934)

SPOKANE INTERNATIONAL RY. CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

August 31, 1934.


Attorney(s) appearing for the Case

Alex M. Winston, of Spokane, Wash., and Ezra R. Whitla, of Coeur d'Alene, Idaho, for appellant.

H. E. Ray, U. S. Atty., and W. H. Langroise, Sam S. Griffin, and Ralph R. Breshears, Asst. U. S. Attys., all of Boise, Idaho.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.


MACK, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiff for $21,529.65, pursuant to verdict, in an action for damage to the Pend Oreille National Forest by a fire alleged to have been caused by defendant's negligence.

The negligence charged consisted in failing to keep the right of way clear of inflammable material as required by an Idaho statute of 1925 (Laws 1925, c. 150, § 14 [now in Idaho Code Ann. (1932) § 37-117])...

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