Union Pacific Railroad Company, a Corporation v. Laverl Johnson and Joleen Johnson, Husband and Wife, and Pacific Fruit Express Company, a Corporation

CHAMBERS, Circuit Judge.

Our first decision herein, Union Pacific Railroad Company v. Johnson, 9 Cir., 233 F.2d 427, was peremptorily reversed on January 14, 1957, by the Supreme Court, Johnson v. Union Pacific, 352 U.S. 957, 77 S.Ct. 359, 1 L.Ed.2d 316, in the following words:

“It is ordered and adjudged by this Court that the judgment of said United States Court of Appeals, in this cause be, and the same is hereby reversed on the authority of Russell v. City of Idaho Falls, 305 P.2d 740, decided by the Supreme Court of Idaho, December 24, 1956; and that this cause be, and the same is hereby…