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JENKINS v. SOUTHERN PAC. CO.

No. 7412.

17 F.Supp. 820 (1937)

JENKINS et al. v. SOUTHERN PAC. CO. et al.

District Court. S. D. California, Central Division.

January 7, 1937.

Attorney(s) appearing for the Case

L. H. Phillips, of Los Angeles, Cal., for plaintiffs.

W. I. Gilbert, of Los Angeles, Cal., for defendants Southern Pac. Co. and Fred M. Dolsen.

Robert Brennan, M. W. Reed, Leo E. Sievert, and H. K. Lockwood, all of Los Angeles, Cal., for defendants Pullman Co., H. J. Hatch, and Edward E. Myers.

Livingston & Livingston and Lawrence Livingston, all of Los Angeles, Cal., for defendant A. J. Kash.

YANKWICH, District Judge (after stating the facts as above).

The second amended complaint, on which the action comes to trial, sets forth two causes of action. The first cause of action is against all the defendants, including the defendant Kash, who committed the assault. And while there is a different violation of duty alleged as to each of the several defendants, the cause of action is based upon the same assault on the deceased. The cause of action is stated jointly...

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