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NORTHERN PAC. RY. CO. v. WAGNER

No. 7876.

86 F.2d 63 (1936)

NORTHERN PAC. RY. CO. v. WAGNER.

Circuit Court of Appeals, Ninth Circuit.

October 22, 1936.

Attorney(s) appearing for the Case

Frederic D. McCarthy, of St. Paul, Minn., Johnston, Coleman & Jameson, of Billings, Mont., and Gunn, Rasch & Hall, of Helena, Mont., for appellant.

Thomas C. Colton, of Wibaux, Mont., and H. Lowndes Maury, of Butte, Mont., for appellee.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment entered upon a verdict in favor of plaintiff, a citizen of Montana, in an action brought against the railroad company, a corporation of Wisconsin, for damages sustained in a flood engulfing the town of Wibaux, Mont., on June 7, 1929. The appeal is based upon assigned errors in refusing to direct a verdict for defendant, denying a motion for new trial, and in rejecting certain evidence offered by the defendant...

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