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INDEMNITY INS. CO. v. ATCHISON, T. & S. F. RY. CO.

No. 8064.

85 F.2d 438 (1936)

INDEMNITY INS. CO. OF NORTH AMERICA v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Ninth Circuit.

August 17, 1936.

Attorney(s) appearing for the Case

Silverthorne & Van Spanckeren, of Phœnix, Ariz., and S. J. Grogan, of Los Angeles, Cal., for appellant.

Chalmers, Fennemore & Nairn, of Phœnix, Ariz., and Norris & Patterson, of Prescott, Ariz., for appellee.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

DENMAN, Circuit Judge.

Appellant, plaintiff below, appeals from a judgment based upon a verdict instructed for defendant railway company. Appellant, under a bond given by it to one M. H. Slocum, became subrogated to and assignee of Slocum's claim for damage to steel girders, I beams, and other steel transported by the railway company and alleged to have been damaged by the railway company's negligent operation of its locomotive crane in dropping one of the girders...

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