BASS v. SOUTHERN PACIFIC COMPANY

Civ. No. 61-35.

196 F.Supp. 763 (1961)

Arthur BASS, Plaintiff, v. SOUTHERN PACIFIC COMPANY, a corporation, Defendant.

United States District Court D. Oregon.

July 21, 1961.


Attorney(s) appearing for the Case

Tooze, Kerr, Tooze & Morrell, Edwin J. Peterson, James W. Morrell, John Reynolds, Portland, Or., for plaintiff.

Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, Portland, Or., for defendant.


KILKENNY, District Judge.

Defendant moves for a summary judgment under the provisions of Rule 56, F.R.Civ.P., 28 U.S.C.A. Defendant contends that the record before the Court conclusively demonstrates plaintiff's contributory negligence and that under the Oregon law he is precluded from recovery. The action grows out of a collision between plaintiff's automobile and defendant's train. Plaintiff charges defendant with negligence. In its answer defendant charges plaintiff...

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