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FISH v. BALL

No. 1572.

93 F.2d 853 (1937)

FISH v. BALL

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 5, 1938.

Attorney(s) appearing for the Case

Willard Hanson, of Salt Lake City, Utah (Nephi Jensen, of Salt Lake City, Utah, on the brief), for appellant.

Frank A. Johnson, of Salt Lake City, Utah (Dey, Hoppaugh, Mark & Johnson, of Salt Lake City, Utah, on the brief), for appellee.

Before BRATTON and WILLIAMS, Circuit Judges, and SYMES, District Judge.

SYMES, District Judge.

Joseph S. Fish, appellant (plaintiff below), sued to recover damages for personal injuries sustained on August 1, 1936, while a passenger for hire on a passenger car of the defendant. The latter operates a single track electric road carrying freight and passengers from Salt Lake City to Payson, Utah, and other points. Fish and a friend, a Mr. John, boarded the car by the rear door at Sixth South and First West streets in Salt Lake City for a...

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