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MORAN v. WASHINGTON, IDAHO AND MONTANA RAILROAD CO.

No. 16653.

279 F.2d 935 (1960)

Patrick D. MORAN and Essie M. Moran, Appellants, v. WASHINGTON, IDAHO AND MONTANA RAILROAD COMPANY, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 1, 1960.

Attorney(s) appearing for the Case

Cope R. Gale, Moscow, Idaho, Swayne & McNichols, Orfino, Idaho, for appellants.

Clements & Clements, V. R. Clements, Reed Clements, Lewiston, Idaho, for appellee.

Before BONE, HAMLEY and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

Gary Anderson Moran, 18-year-old son of appellants, was killed in a crossing collision between a pickup truck in which he was riding as a guest passenger and the engine of a logging train owned and operated by appellee. The accident took place at a point in Idaho on State Highway No. 8 near Bovill, Idaho, where the highway is crossed at approximately a right angle by the railroad tracks of appellee.

Appellants filed an action for damages...

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