CLEVELAND v. SOUTHERN PACIFIC COMPANY

No. 24019.

436 F.2d 77 (1970)

Connie CLEVELAND, Appearing by and through Archie Cleveland, her Guardian ad litem, Appellant, v. SOUTHERN PACIFIC COMPANY, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 15, 1971.


Attorney(s) appearing for the Case

James W. Walton, (argued), of Ringo, Walton & McClain, Corvallis, Or., for appellant.

Herbert H. Anderson (argued), of McColloch, Dezendorf & Spears, Portland, Or., for appellee.

Before HAMLEY, MERRILL and KOELSCH, Circuit Judges.


HAMLEY, Circuit Judge:

Connie Cleveland, a minor, was injured when an automobile in which she was a passenger drove into the side of a Southern Pacific Company train standing across an Oregon highway on the night of August 28, 1967. Appearing through her father, Archie Cleveland, as guardian ad litem, she sued the railroad company in this diversity action to recover seventy-five thousand dollars damages for her injuries.

The jury returned a verdict for plaintiff...

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