GREAT NORTHERN RY. CO. v. MELTON

No. 12903.

193 F.2d 729 (1951)

GREAT NORTHERN RY. CO. v. MELTON.

United States Court of Appeals Ninth Circuit.

December 26, 1951.


Attorney(s) appearing for the Case

T. B. Weir, E. K. Matson, Newell Gough, Jr., Helena, Mont., for appellant.

Leonard A. Schulz, Dillon, Mont., H. L. Maury, A. G. Shone, Butte, Mont., for appellee.

Before HEALY and POPE, Circuit Judges, and LEMMON, District Judge.


POPE, Circuit Judge.

This is an appeal from a judgment for appellee on account of damage to sheep which appellee shipped over appellant's railroad from Kevin, Montana, to Wickes, in the same State, the shipment taking place entirely within Montana. Jurisdiction arose out of diversity of citizenship of the parties.

The court found that the appellee's sheep, consisting of ewes, lambs, and bucks, were delivered to the Railway Company, and loaded on its cars,...

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