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HUMPHREYS GOLD CORPORATION v. LEWIS

No. 8342.

90 F.2d 896 (1937)

HUMPHREYS GOLD CORPORATION v. LEWIS.

Circuit Court of Appeals, Ninth Circuit.

June 7, 1937.

Attorney(s) appearing for the Case

John G. Brown, of Helena, Mont., and Corette & Corette, of Butte, Mont., for appellant.

Philip Duncan, of Whitehall, Mont., M. M. Duncan, of Virginia City, Mont., and H. Lowndes Maury and A. G. Shone, both of Butte, Mont., for appellee.

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.

GARRECHT, Circuit Judge.

The appellee filed suit in the court below for injuries suffered in an automobile accident on December 25, 1935.

The complaint alleged that at the time of the accident the appellant was mining with a gold dredge and operating a machine and blacksmith shop, each within 100 feet of a public highway, but on opposite sides of the road, in the "old town" of Nevada Alder Gulch, Madison county, Montana; that behind the machine shop, uphill...

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