v0804-261

No. 2249.

United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Southern Pacific Company, a cor-

poration,

Plaintiff in Error,

vs.

John Wilbur Ward,

Defendant in Error.

BRIEF FOR PLAINTIFF IN ERROR.

STATEMENT OF THE CASE.

The above entitled action was brought by the de-

fendant in error, as plaintiff below, in the United States

District Court of the Southern District of California,

Southern Division, for personal injuries sustained by

him at Paso Robles, California, on October 8th, 1910.

An encampment of soldiers of the state militia and the

United States regular army was being held at Atasca-

dero, a few miles south of Paso Robles. A consider-

able number of these soldiers, together with plaintiff,

who was an officer, and other officers, had made the trip

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