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SOUTHERN PACIFIC COMPANY v. HEAVINGHAM

No. 14813.

236 F.2d 406 (1956)

SOUTHERN PACIFIC COMPANY, a corporation, Appellant, v. Mary V. HEAVINGHAM, Special Administratrix of the Estate of Arthur V. Heavingham, deceased, Appellee.

United States Court of Appeals Ninth Circuit.

August 27, 1956.

Attorney(s) appearing for the Case

Dunne, Dunne & Phelps, Guy L. Colburn, Jr., A. B. Dunne, John W. Martin, San Francisco, Cal., for appellant.

Hepperle & Hepperle, Herbert O. Hepperle, Robert R. Hepperle, San Francisco, Cal., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.

POPE, Circuit Judge.

This is an appeal from a judgment recovered by the appellee as plaintiff in the court below against the appellant Southern Pacific Company under the provisions of the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. The only errors specified relate to the refusal of the trial court to instruct the jury that they could not include in their award any sum for conscious pain and suffering by the plaintiff's decedent, and the giving...

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