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PERRY v. WESTERN UNION TELEGRAPH CO.

No. 4812.

27 F.2d 197 (1928)

PERRY v. WESTERN UNION TELEGRAPH CO.

Circuit Court of Appeals, Sixth Circuit.

July 12, 1928.

Attorney(s) appearing for the Case

Joseph H. Norville, of Memphis, Tenn. (Wm. M. Stanton, of Memphis, Tenn., on the brief), for appellant.

C. P. J. Mooney, Jr., of Memphis, Tenn. (Canada, Williams & Russell, of Memphis, Tenn., on the brief), for appellee.

Before DENISON and MOORMAN, Circuit Judges, and MOINET, District Judge.

MOINET, District Judge.

This appeal is to review the action of the District Court on a directed verdict of no cause of action, based wholly on the opening statement of counsel, briefly as follows:

The plaintiff will show by a preponderance of evidence that on the night of October 3, 1925, while under the age of 16 years, he was injured by an automobile; that about two weeks prior thereto he had been employed by the defendant; that the plaintiff was born on...

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