J. Nebeker & Son v. Los Angeles & S. L. R.

JONES, District Judge.

This is an appeal by the railroad company from a money judgment in a statutory action for the value of certain animals which were killed by a train as the result of the alleged failure of appellant to maintain cattle guards and wing fences on its right of way.

The cause was submitted to the court sitting without a jury on an agreed statement of facts, the pleadings, and certain exhibits; findings of fact and conclusions of law being waived. It was further stipulated that “said pleadings and stipulations and all inferences of fact and conclusions of law which are supported…