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BALDING v. ATCHISON, T. & S.F. RY. CO.

Docket No. 27305.

225 Cal.App.2d 254 (1964)

37 Cal. Rptr. 215

JACK BALDING, Plaintiff and Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

March 2, 1964.

Attorney(s) appearing for the Case

Myron L. Garon, Leroy W. Rice and George Olshausen for Plaintiff and Appellant.

Robert W. Walker, Matthew H. Witteman, Parker, Stanbury, McGee, Peckham & Garrett and Raymond G. Stanbury for Defendants and Respondents.

KINCAID, J. pro tem.*

Appeal is taken herein by plaintiff from a judgment in favor of defendant railroad company following a nonjury trial. A written memorandum opinion was filed by the trial judge together with findings of fact, conclusions of law and the judgment.

The findings of fact found generally that on the night of January 28, 1956, plaintiff drove his automobile in a southerly...

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