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RHINEHART v. SOUTHERN PAC. CO.

No. 1027.

38 F.Supp. 76 (1941)

RHINEHART v. SOUTHERN PAC. CO.

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

April 7, 1941.

Attorney(s) appearing for the Case

Paul D. Holland, of Los Angeles, Cal., for plaintiff.

T. H. Sword, O. O. Collins, and Frank Karr, Chief Counsel, all of Los Angeles, Cal., for defendant.

O'CONNOR, District Judge.

This was a suit for damages to plaintiff's packing shed alleged to have been destroyed as the result of a fire caused by defendant's locomotive.

The main issues to be considered are: (1) was the conflagration the result of sparks from defendant's locomotive; (2) if so, was defendant negligent in allowing sparks to escape to plaintiff's structure; and (3) if negligent, is the defendant liable...

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