SOUTHERN PAC. CO. v. ZEHNLE

No. 11536.

163 F.2d 453 (1947)

SOUTHERN PAC. CO. v. ZEHNLE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 9, 1947.


Attorney(s) appearing for the Case

Horace B. Wulff and Devlin & Devlin & Diepenbrock, all of Sacramento, Cal., for appellant.

Thomas O'Hara, Robert A. Zarick, and Emmet J. Seawell, all of Sacramento, Cal., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

Appellant, defendant below, appeals from a judgment, based upon the jury's verdict, for $20,000 for the negligent killing by defendant of the father of appellee, a minor child suing through his guardian ad litem, the plaintiff below.

Appellant made no objection to the trial judge's instruction to the jury that

"Pecuniary loss may be either a loss arising from the deprivation of something to which the plaintiff would have been...

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