Legal Opinion · Dissent

Southern Pac. Co. v. Haight

Court of Appeals for the Ninth Circuit

Decided April 2, 1942No. 9775Published

1DissentHaney, Circuit Judge

I think the majority opinion is based on a misconception of, and a refusal to apply, the California law. In addition, the majority does not consider some of the facts and questions presented.

Appellant contends that it was error to admit into evidence General Order No. 75-A of the California Railroad Commission. Rule I thereof provides: “The purpose o'f these rules is to formulate, for the State of California, uniform standards for grade crossing protection, the application of which will insure greater safety to the public using grade crossings”. Rule V provides in part:

“(a) Each public…

2Cases cited36 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. St. Louis-San Francisco Ry. Co. v. GuthrieSupreme Court of Alabama · 1927
  3. Texas & N. O. R. v. StrattonCourt of Appeals of Texas · 1934
  4. Texas Mexican Ry. Co. v. HoyTexas Commission of Appeals · 1930
  5. Young v. Southern Pacific Co.California Supreme Court · 1920

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