SOUTHERN PACIFIC COMPANY v. GILA RIVER RANCH, INC.

No. 1 CA-CIV 905.

9 Ariz. App. 570 (1969)

454 P.2d 1010

SOUTHERN PACIFIC COMPANY, a Delaware corporation, Appellant, v. GILA RIVER RANCH, INC., an Arizona corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied June 23, 1969.

Review Granted September 16, 1969.


Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, by Ralph J. Lester, Phoenix, for appellant.

Jennings, Strouss, Salmon & Trask, by Jon L. Kyl, Phoenix, for appellee.


HATHAWAY, Judge.

This appeal is from a judgment entered in a lawsuit instituted by Southern Pacific to recover from Gila River Ranch for damage to one of the railway company trains. Southern Pacific's claim was predicated on a "Private Road Crossing Agreement."

This 1934 agreement gave a license to Gila River's predecessor in interest, Gillespie Land & Irrigation Co., a corporation, to cross Southern Pacific's railroad tracks at a designated point. The...

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