Benson Lumber Co. v. McCann
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Action at law by H. C. McCann, by Jesse E. McCann, his guardian ad litem, against the Benson Lumber Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
MORROW, Circuit Judge.
[ 1 ] This action was originally brought in the state court of California on July 30, 1908, to recover damages for personal injuries sustained by the defendant in error on July 30, 1907, while employed in the sawmill of the plaintiff, in error in San Diego county, Cal. The parties will hereafter be referred to as plaintiff and defendant, as they were designated in the court below. The case was removed to the Circuit Court of the United States for the Southern District of California on the ground of diverse citizenship. The cáse was tried upon a second amended complaint,…
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