UNION PACIFIC RAILROAD CO. v. BRIDAL VEIL LUMBER CO.

No. 13879.

219 F.2d 825 (1955)

UNION PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. BRIDAL VEIL LUMBER COMPANY, a corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 8, 1955.


Attorney(s) appearing for the Case

Maguire, Shields, Morrison & Bailey, Randall B. Kester, James J. Kennedy, William E. Dougherty, Portland, Or., for appellant.

James Arthur Powers, Ferris Boothe, Portland, Or., for appellee.

Before HEALY, POPE, and CHAMBERS, Circuit Judges.


CHAMBERS, Circuit Judge.

This is a diversity case of two corporations, citizens of different states. Union Pacific was plaintiff in the trial court and is appellant here. Bridal Veil Lumber Company, defendant and appellee, operates a lumber mill at Bridal Veil, Oregon. The mill is on land leased from the Union Pacific and it is served by a spur track of the railroad.

On March 14, 1946, a Union Pacific engine was switching freight cars on the spur track. Daniel...

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