v0825-355

Document Title Page

United States Circuit Court of Appeals for the Ninth

Circuit.

No. 2284.

TRUOKEE RIVER GENERAL ELECTRIC

COMPANY, a Corporation,

Plaintiff in Error,

vs.

    1. BENNER, as Administrator of the Estate of

CLARENCE J. BENNER, Deceased,

Defendant in Error.

Brief for Plaintiff in Error.

This case was brought by defendant in error, here-

inafter, for convenience, referred to as plaintiff,

against plaintiff in error, hereinafter, for conveni-

ence, referred to as defendant, to recover damages

for the death of plaintiff's intestate. The case was

commenced in the State Court, and, upon application

of defendant, removed into the Federal Court for

the District of Nevada. A verdict was returned and

judgment entered in favor of plaintiff for $7,000;

defendant's motion for a new trial was denied; hence

this writ of error from the final judgment.

STATEMENT OP THE CASE.

Plaintiff filed in the Federal Court an amended

complaint (Tr. pp. 4-12), to which a demurrer was

interposed (Tr. pp. 13-16), which demurrer was

overruled (Tr. pp. 16, 17), and defendant answered

(Tr. pp. 17-22), putting in issue all the material

allegations in the complaint, and alleging contribu-

tory negligence on the part of deceased, and, at Tr.


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