GRIGG v. SOUTHERN PACIFIC COMPANY

No. 15220.

248 F.2d 949 (1957)

Glen Earl GRIGG, Appellant, v. SOUTHERN PACIFIC COMPANY, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 25, 1957.


Attorney(s) appearing for the Case

Barnett & Robertson, Rodney H. Robertson, San Francisco, Cal., Charles J. Miller, Sacramento, Cal., for appellant.

Devlin, Diepenbrock & Wulff, Horace B. Wulff, Sacramento, Cal., for appellees.

Before LEMMON, FEE and CHAMBERS, Circuit Judges.


PER CURIAM.

On petition for rehearing the appellant contends the issue that defendant's corral was negligently constructed was before the trial court. If so, then the matter is concluded by the trial court's finding that "at all times mentioned in the action, said stock corral was constructed and maintained [by defendant] with reasonable care;" a finding permissible to a fact trier and not clearly erroneous.

The statutory duties of care cited by appellant...

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