SOUTHERN RY. CO. v. MOSELEY

No. 5591.

35 F.2d 474 (1929)

SOUTHERN RY. CO. v. MOSELEY.

Circuit Court of Appeals, Fifth Circuit.

October 29, 1929.


Attorney(s) appearing for the Case

Sanders McDaniel and E. A. Neely, both of Atlanta, Ga. (McDaniel, Neely & Marshall, Edgar A. Neely, and Sanders McDaniel, all of Atlanta, Ga., on the brief), for appellant.

Geo. Westmoreland and Frank D. Pierson, both of Atlanta, Ga. (Frank Pierson, and Geo. & John L. Westmoreland, all of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

This was an action by the appellee, a boy of about 9 years of age, suing by his next friend, against the appellant, to recover damages for personal injuries alleged to have been caused, while appellee was walking on a track of the appellant, by the throwing of a derailing switch on that track when the appellee was on a part of the track where he was exposed to injury by the throwing of the switch, and the injury was attributed to the fault or...

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