1. Home
  2. Browse Decisions
  3. F.2d
  4. 274 F.2d
  5. 274 F.2d 447 (1959)
 

OSTER v. UNION PACIFIC RAILROAD COMPANY

No. 16436.

274 F.2d 447 (1959)

Lonibeth OSTER, by Her Guardian Ad Litem, Maisie J. Oster, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

December 28, 1959.

Attorney(s) appearing for the Case

M. J. Doepker, M. F. Hennessey, Butte, Mont., for appellant.

Corette, Smith & Dean, Kendrick Smith, Allen R. McKenzie, Butte, Mont., for appellee.

Before CHAMBERS, BONE and MERRILL, Circuit Judges.

PER CURIAM.

The complaint in this diversity case was projected on the theory of attractive nuisance. The alleged offending structure was an ore loading platform of the defendant-appellee at Melrose in Silver Bow County, Montana. The court granted a motion to dismiss the first complaint. Plaintiff tendered a second complaint but, under the procedure of a local rule, leave to file that complaint was denied.1 Promptly after the rejection...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases