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FRAZIER v. NORTHERN PAC. RY. CO.

No. 1383.

28 F.Supp. 20 (1939)

FRAZIER et ux. v. NORTHERN PAC. RY. CO.

District Court, D. Idaho, Central Division.

June 12, 1939.

Attorney(s) appearing for the Case

William S. Fowler and Abe Goff, both of Moscow, Idaho, for plaintiffs.

Cannon, McKevitt & Fraser, of Spokane, Wash., and Verner R. Clements, of Lewiston, Idaho, for defendant.

CAVANAH, District Judge.

The case was tried before the Court without a jury, and is one where the plaintiffs, who legally adopted one George Frazier, when he was three years of age, seek to recover damages for the negligence of the defendant in causing the death of George Frazier, when at the age of nine years, and when struck by an oncoming train of the defendant.

The theory upon which damages is claimed is that...

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