Dewitt v. Western Pacific Railroad Company

719 F.2d 1448 David DeWITT, Plaintiff-Appellee, v. The WESTERN PACIFIC RAILROAD COMPANY, a corporation, Defendant-Cross Claimant-Appellee, and The Flintkote Company, a corporation, d/b/a U.S. Lime, Defendant-Cross Defendant-Appellant. No. 82-4249. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1983. Decided Nov. 9, 1983. Peter Davis, Crosby, Heafey, Roach & May, Siegfried Hesse, Oakland, Cal., for plaintiff-appellee. David W. Gordon, Bronson, Bronson & McKinnon, San Francisco, Cal., for defendant-cross defendant-appellant. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY, SWYGERT, * and CANBY, Circuit Judges. DUNIWAY, Circuit Judge: 1 This is an appeal from a judgment entered upon a jury verdict on claims arising from a railroad collision on a spur line near Salt Lake City, Utah. We affirm and assess attorney's fees and costs in favor of appellees. 2 I. The Facts. 3 David DeWitt, a conductor for the Western Pacific Railroad Co., was injured when the train in which he was riding one night collided with two loaded freight cars standing on a spur line leading to a plant owned by the Flintkote…