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BUCKLEY v. VALLEY CAMP COAL COMPANY

No. 9055.

324 F.2d 244 (1963)

Mary Ann BUCKLEY, an infant, under the age of 21 years, who brings this suit by Charles E. Buckley, her father and next friend, Appellant, v. VALLEY CAMP COAL COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 6, 1963.

Attorney(s) appearing for the Case

Rudolph L. Di Trapano, Cabin Creek, W. Va., for appellant.

Edward W. Eardley, Charleston, W. Va. (Carl F. Stucky, Jr., and Steptoe & Johnson, Charleston, W. Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and THOMSEN, District Judge.

SOBELOFF, Chief Judge.

Mary Ann Buckley, an eight year old child, brought this action through her father to recover damages for burns which she suffered in a fire on Valley Camp Coal Company's property. This appeal, taken after judgment upon a jury verdict for the defendant, complains of the District Judge's charge to the jury.

The evidence showed that the defendants owned a vacant lot adjacent to the Buckley residence...

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