PARKER v. ELGIN

No. 4155.

5 F.2d 562 (1925)

PARKER et al. v. ELGIN et al.

Circuit Court of Appeals, Sixth Circuit.

May 15, 1925.


Attorney(s) appearing for the Case

J. E. Holmes, of Memphis, Tenn. (Phil M. Canale and Holmes & Canale, all of Memphis, Tenn., on the brief), for plaintiffs in error.

Roane Waring, of Memphis, Tenn. (Miles, Waring & Walker, of Memphis, Tenn., on the brief), for defendants in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.


DONAHUE, Circuit Judge (after stating the facts as above).

It is claimed on the part of the plaintiffs in error that the motorman in charge of this car was negligent, in that although he could see these boys playing in proximity to the track when he was 500 feet away from them, he did nothing whatever to put his car under control or to slow up the speed of his car until the boy was in the act of falling on the street car track. It was then too late to stop his car...

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