ORR v. SOUTHERN PACIFIC COMPANY

No. 14225.

226 F.2d 841 (1955)

Hugh N. ORR, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

May 12, 1955.


Attorney(s) appearing for the Case

Phillip Barnett, Rodney H. Robertson, Frederick L. Hewitt, San Francisco, Cal., for appellant.

Dunne, Dunne & Phelps, John H. Wallace, A. B. Dunne, John W. Martin, San Francisco, Cal., for appellee.

Before ORR, McALLISTER and FEE, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

Orr brought action against the Southern Pacific Company, a common carrier, for personal injury claimed to have resulted from negligence in the operation of an interurban train between San Francisco and San Jose. It was tried by the court without a jury.

The Court found:

"1. * * * On May 3, 1952, plaintiff was a regular commuter on said trains, having commuted regularly from San Francisco, California, to California Avenue...

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