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MINEHART v. SOUTHERN PACIFIC CO.

Docket No. 21107.

136 Cal.App.2d 486 (1955)

288 P.2d 999

HARRY H. MINEHART, Appellant, v. SOUTHERN PACIFIC COMPANY (a Corporation), Respondent.

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

October 24, 1955.

Attorney(s) appearing for the Case

Colley & Sakuma and Nathaniel S. Colley for Appellant.

John R. Allport and John T. LaFollette for Respondent.

DRAPEAU, J.

Plaintiff, Harry M. Minehart, was employed by defendant, Southern Pacific Company, as a railroad engineer. He was called for duty at Indio, California, in the early morning before daybreak to take a freight train to Yuma.

The engine that he was to use was on the "turn-out track," headed east, about 150 feet from the roundhouse.

Mr. Minehart made the usual engineer's inspection. His fireman had not showed up yet. So he looked for him at...

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