DAULTON v. SOUTHERN PACIFIC COMPANY

No. 14924.

237 F.2d 710 (1956)

Mary Edith DAULTON, Administratrix of the Estate of Donald LeRoy Daulton, deceased, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 15, 1956.


Attorney(s) appearing for the Case

D. W. Brobst, Hildebrand, Bills & McLeod, Oakland, Cal., for appellant.

Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, Joseph Larkin, Portland, Or., for appellee.

Before MATHEWS, BONE and CHAMBERS, Circuit Judges.


CHAMBERS, Circuit Judge.

Donald LeRoy Daulton, a Southern Pacific brakeman of the Shasta division of the company, was killed on October 6, 1952, in the course of his employment near the Wocus siding, which is located about three miles from Klamath Falls, Oregon.

In the moments immediately preceding his death he was acting as the "head" or "front end" brakeman on a five car work train. The train was moving northerly on a main line track to get on a siding and...

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