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FRANCIS v. SOUTHERN PAC. CO.

No. 3424.

162 F.2d 813 (1947)

FRANCIS et al. v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 20, 1947.

Attorney(s) appearing for the Case

Parnell Black, of Salt Lake City, Utah (B. E. Roberts, Calvin W. Rawlings, H. E. Wallace and Wayne L. Black, all of Salt Lake City, Utah, on the brief), for appellants.

Paul H. Ray, of Salt Lake City, Utah (S. J. Quinney, Grant C. Aadnesen and Ray, Quinney & Nebeker, all of Salt Lake City, Utah, on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Jack R. Francis and Delphia Packer Francis were husband and wife; and they were the parents of three children, all minors. Southern Pacific Company is a railway company. On the day in question, the westbound passenger train No. 21 of the company was operated in two sections. Francis and his wife were passengers on the first section. They boarded the train at Ogden, Utah, were en route to Carlin, Nevada, and occupied a berth in the rear car...

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