SOUTHERN PACIFIC COMPANY v. VILLARRUEL

No. 17466.

307 F.2d 414 (1962)

SOUTHERN PACIFIC COMPANY, a Corporation, Appellant, v. Sixto B. VILLARRUEL, Appellee.

United States Court of Appeals Ninth Circuit.

August 20, 1962.


Attorney(s) appearing for the Case

Robert A. Seligson, San Francisco, Cal., of counsel, Bledsoe, Smith, Cathcart, Johnson & Phelps, San Francisco, Cal., for appellant.

Hepperle & Hepperle, and Robert R. Hepperle, San Francisco, Cal., for appellee.

Before ORR, HAMLEY and MERRILL, Circuit Judges.


PER CURIAM.

In this Federal Employers' Liability Act case, a $30,000 judgment for plaintiff was entered on a jury verdict. Defendant Southern Pacific Company appeals, arguing that the district court erred in its instructions to the jury on the doctrine of res ipsa loquitur.

Appellant contends that this instruction did not make it clear to the jury that res ipsa loquitur would not apply if carbon monoxide in any way contributed to the happening...

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