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FARNSWORTH v. WESTERN PACIFIC R.R. CO.

Docket No. 22046.

241 Cal.App.2d 476 (1966)

50 Cal. Rptr. 646

JOHN E. FARNSWORTH, Plaintiff and Respondent, v. WESTERN PACIFIC RAILROAD COMPANY, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

April 13, 1966.

Attorney(s) appearing for the Case

Cottrell, Hofvendahl & Roessler and F.H. Pearson, Jr., for Defendant and Appellant.

Boccardo, Blum, Lull, Niland, Teerlink & Bell and Edward J. Niland for Plaintiff and Respondent.

SALSMAN, J.

This is an appeal from a judgment awarding respondent $64,000 damages for personal injuries arising out of an accident that occurred on April 11, 1960. The basis for the liability imposed is the Federal Employers' Liability Act. (45 U.S.C.A. § 51 et seq.) Appellant contends (1) there is no evidence of its negligence; (2) the respondent was contributorily negligent; (3) the negligence of a third party

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