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MURPHY v. ATCHISON, T. & S.F. RY. CO.

Docket No. 21190.

139 Cal.App.2d 792 (1956)

294 P.2d 458

MARGARET MURPHY, as Administratrix, etc., et al., Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY (a Corporation) et al., Respondents.

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

March 12, 1956.

Attorney(s) appearing for the Case

John H. Carter, Melvin M. Belli, Ben C. Cohen and Alfred Lubin for Appellants.

Richard L. Oliver, Pollock & Pollock, Hirson & Horn, Herbert Resner, John M. Ennis. Irving H. Green and Henry A. Plattner, as Amici Curiae on behalf of Appellants.

Robert W. Walker and J.H. Cummins for Respondents.

FOURT, J.

This is an action for wrongful death brought by appellants against respondents. At the conclusion of appellants' case respondents made a motion for a nonsuit which was denied without prejudice. At the conclusion of the entire case respondents renewed their motion for a nonsuit and made a further motion for a directed verdict. The court denied the motion for a directed verdict and granted the motion for a nonsuit...

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