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CAIN v. BOWLBY

No. 2057.

114 F.2d 519 (1940)

CAIN v. BOWLBY.

Circuit Court of Appeals, Tenth Circuit.

Writ of Certiorari Denied December 9, 1940.

Attorney(s) appearing for the Case

Robert L. Holliday, of El Paso, Tex. (Donovan N. Hoover, of Santa Fe, N. M., and Harold L. Sims, of El Paso, Tex., on the brief), for appellant.

Julian P. Harrison, of El Paso, Tex., and W. C. Whatley, of Las Cruces, N. M., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

Writ of Certiorari Denied December 9, 1940. See 61 S.Ct. 319, 85 L.Ed. ___.

BRATTON, Circuit Judge.

Section 36-101, N.M.Comp.St.1929, as amended by chapter 19, Laws of 1931, provides: "Whenever any person shall die from any injury resulting from, or occasioned by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any locomotive, car...

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