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SPELLACY v. SOUTHERN PACIFIC COMPANY

No. 23202.

428 F.2d 619 (1970)

Robert M. SPELLACY, as Guardian ad Litem of Patrick James Spellacy, a minor, Appellant, v. SOUTHERN PACIFIC COMPANY and Ronald Burke, Appellees.

United States Court of Appeals, Ninth Circuit.

June 9, 1970.

Attorney(s) appearing for the Case

Richard C. Shanks (argued), Seattle, Wash., Duane A. Bartsch (argued), of Smart & Bartsch, Portland, Or., for appellant.

Delbert A. Weaver (argued), Alexander G. Brown, John R. Holman, James H. Clarke (argued), Wayne Hilliard, of McColloch, Dezendorf & Spears, Portland, Or., for appellees.

Before MADDEN, Senior Judge of the United States Court of Claims, and HAMLEY and BROWNING, Circuit Judges.

HAMLEY, Circuit Judge:

Robert M. Spellacy, then fifteen years old, lost both of his legs at a point below the knees, when he fell under the wheels of a moving freight car in the Southern Pacific Company's train yard in Portland, Oregon. Just prior to the accident Spellacy had been discovered as a trespasser and had been taken to an office in the yard. He had broken away from this custody and, at the time of the accident,...

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