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GREENE v. ATCHISON, T. & S.F. RY. CO.

Docket No. 15533.

120 Cal.App.2d 135 (1953)

260 P.2d 834

VANCE GREENE, as Guardian, etc., Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Respondent.

Court of Appeals of California, First District, Division One.

September 10, 1953.

Attorney(s) appearing for the Case

Jarvis, Miller & Decker, Hugh B. Miller and Charles W. Decker for Appellant.

Carlson, Collins, Gordon & Bold and John Ormasa for Respondent.

BRAY, J.

From a judgment of nonsuit plaintiff, guardian ad litem of the minor children of Leroy Davis, deceased, appeals on a settled statement.

QUESTIONS PRESENTED

1. Was there any evidence which would have supported a finding of negligence of defendant?

2. Should the court have reopened the case to permit additional testimony as to the train's stopping distance?

FACTS

At Pittsburg, California, defendant's right of way...

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