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NORTHERN PACIFIC RAILWAY COMPANY v. EVERETT

No. 14795.

232 F.2d 488 (1956)

NORTHERN PACIFIC RAILWAY COMPANY, a corporation, Appellant, v. Ernest EVERETT, Appellee.

United States Court of Appeals Ninth Circuit.

April 24, 1956.

Attorney(s) appearing for the Case

McKevitt, Snyder & Thomas, Spokane, Wash., for appellant.

R. Max Etter, Ellsworth I. Connelly, Spokane, Wash., for appellee.

Before HEALY and POPE, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

This is an appeal from a judgment entered on a verdict for $8,632.76 damages, awarded by a jury for the wrongful death of appellee's sixteen-year-old daughter. Federal jurisdiction rests on diversity of citizenship. 28 U.S.C. § 1332.

The death of appellee's daughter was admittedly caused by injuries sustained in a crossing collision between a 1940 Dodge panel truck which she had been driving and one of appellant's trains. The collision...

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