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SOUTHERN PAC. CO. v. SMITH

No. 7673.

83 F.2d 451 (1936)

SOUTHERN PAC. CO. v. SMITH et al.

Circuit Court of Appeals, Ninth Circuit.

April 20, 1936.

Attorney(s) appearing for the Case

Francis M. Hartman, of Tucson, Ariz., and Chas. L. Rawlins, of Phœnix, Ariz. (Guy V. Shoup, of San Francisco, Cal., of counsel), for appellant.

William R. Chambers, Ralph W. Bilby, and Richard H. Chambers, all of Tucson, Ariz., for appellees.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

DENMAN, Circuit Judge.

Plaintiff sued the Southern Pacific Company for damages to their cultivated lands situated along the easterly side of defendant's railway track in the county of Greenlee, state of Arizona. Their complaint alleges that in the months of July and August, 1930, 1931, and 1932, the railroad embankment across one canyon water course and the embankment and bridge across another of two adjoining canyons obstructed the flow of flood waters of the canyon...

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