SHANAHAN v. SOUTHERN PAC. CO.

No. 12593.

188 F.2d 564 (1951)

SHANAHAN v. SOUTHERN PAC. CO.

United States Court of Appeals Ninth Circuit.

April 13, 1951.


Attorney(s) appearing for the Case

Hadsell, Murman & Bishop, San Francisco, Cal., for appellant.

A. B. Dunne, Louis L. Phelps and Dunne & Dunne, all of San Francisco, Cal., for appellee.

Before ORR, POPE and HASTIE, Circuit Judges.


POPE, Circuit Judge.

Ellis E. Shanahan, of Anderson, California, was struck and killed by a train operated by appellee, Southern Pacific Company, at a railroad crossing at that place. His widow and heir sued appellee, a Delaware corporation, to recover for the alleged wrongful death. The widow appeals from the judgment entered upon a verdict for the defendant.

The cause was submitted to the jury upon the assumption that there was some evidence to disclose...

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