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CHICAGO, M., ST. P. & P. R. CO. v. HARRINGTON

No. 12451.

185 F.2d 88 (1950)

CHICAGO, M., ST. P. & P. R. CO. v. HARRINGTON.

United States Court of Appeals Ninth Circuit.

November 1, 1950.

Attorney(s) appearing for the Case

J. C. Garlington, H. C. Pauly, Missoula, Mont., for appellant.

J. J. McCaffery, Jr., of McCaffery, Roe, Olsen & McCaffery, Butte, Mont., and Thomas D. Kelley and Smithmoore P. Myers, of Kelley, O'Sullivan & Myers, Seattle, Wash., for appellee.

Before MATHEWS, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

This case was tried in the federal court for the district of Montana. It is a suit by a passenger against the Milwaukee railroad to recover damages for personal injuries sustained in the state of Washington. Judgment going against the carrier, the latter appeals on the claim that the showing of negligence was insufficient to warrant a recovery, and that there was error in the giving of certain instructions.

Appellee was of the age of...

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