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SOUTHERN PAC. CO. v. HUMPHREY

No. 8447.

97 F.2d 29 (1938)

SOUTHERN PAC. CO. v. HUMPHREY.

Circuit Court of Appeals, Ninth Circuit.

June 1, 1938.

Attorney(s) appearing for the Case

Arthur B. Dunne, of San Francisco, Cal. (Dunne & Dunne, of San Francisco, Cal., of counsel), for appellant.

Frederick W. Kant, of San Francisco, Cal., for appellee.

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.

MATHEWS, Circuit Judge.

Appellant's railroad, running east and west, crosses U. S. Highway 93, running north and south, at a point within the city limits of Wells, Nevada. On October 3, 1934, at 9:48 P. M., a west bound freight train comprising 89 cars and a caboose, operated by appellant, stopped at Wells for the purpose of taking water. When so stopped, the front end of the train was 75 car lengths west of the crossing, the rear end was 13 car lengths east of the...

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