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JENSEN v. WESTERN PAC. R.R. CO.

Docket No. 9714.

189 Cal.App.2d 593 (1961)

11 Cal. Rptr. 444

IRA MILFORD JENSEN et al., Appellants, v. WESTERN PACIFIC RAILROAD COMPANY (a Corporation) et al., Respondents.

Court of Appeals of California, Third District.

March 1, 1961.

Attorney(s) appearing for the Case

Desmond, Miller & Sweigert for Appellants.

Johnson, Davies & Greve, Hewitt & McBride and Burton Mason for Respondents.

PEEK, J.

This is an appeal by plaintiffs from a judgment of dismissal for failure to prosecute as provided in section 583 of the Code of Civil Procedure. Chronologically the pertinent facts are as follows:

February 3, 1953: Plaintiffs, while driving their automobile on Highway 99 East near the city of Live Oak in Sutter County, collided with a train operated by the Sacramento Northern Railway. Riding with plaintiffs at that time were Mr. and Mrs. Hepworth...

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