Cline v. Northern Pacific Railway Co.

Tbe motion to strike tbe statement of facts and dismiss tbe appeal, made first on noticed motion, and passed until tbe bearing on tbe merits, before wbieb time tbe record was amplified by a supplemental transcript, is denied because of our disposition of tbe case on the merits, preferring to dispose of tbe case on the merits rather than upon tbe *87somewhat confusing record from the court below, on the motion to dismiss.

The action is one for damages to person and property suffered in a collision between an automobile, operated by respondent, and a railroad train, operated by appellant. There was…