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UNITED STATES v. GREAT NORTHERN RY. CO.

No. 7552.

73 F.2d 736 (1934)

UNITED STATES v. GREAT NORTHERN RY. CO.

Circuit Court of Appeals, Ninth Circuit.

November 13, 1934.

Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty., and John Ambler, Asst. U. S. Atty., both of Seattle, Wash., and M. C. List, Sp. Asst. to U. S. Atty., of Washington, D. C., for the United States.

Thomas Balmer and Charles S. Albert, both of Seattle, Wash., for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

GARRECHT, Circuit Judge.

This case has been tried and appealed twice. Both trials resulted in verdicts for the defendant. The controversy concerns the movement of a certain switching engine and cars by servants of the appellee within the area known as and designated in the exhibits as "Seattle House Yard," an industrial district in the southern part of the city of Seattle. The evidence shows that at 8 a. m. on January 19, 1932, appellee's switch engine, operated by...

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