SMITH v. SOUTHERN PAC. CO.

Nos. 12636, 12637.

187 F.2d 397 (1951)

SMITH v. SOUTHERN PAC. CO. et al. (two cases).

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 6, 1951.


Attorney(s) appearing for the Case

Brazier C. Small and Bruce Spaulding, Salem, Or., for appellants. Koerner, Young, McColloch & Dezendorf and John Gordon Gearin, Portland, Or., for appellees.

Before BIGGS, HEALY and BONE, Circuit Judges.


BONE, Circuit Judge.

The above entitled cases arise out of a railroad crossing accident near Salem, Oregon between a freight train of the Southern Pacific Company and an automobile in which the plaintiff and plaintiff's decedent were passengers. Plaintiff, herein referred to as appellant, brought one suit as the administratrix of the estate of her deceased husband in one case and as a suitor in her own behalf for personal injuries in the other. Both cases involve...

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