GRABENC v. UNION PAC. R. CO.

No. 860.

67 F.2d 567 (1933)

GRABENC v. UNION PAC. R. CO.

Circuit Court of Appeals, Tenth Circuit.

November 27, 1933.


Attorney(s) appearing for the Case

Otto Friedrichs, of Denver, Colo. (Harold F. Mudge, of Denver, Colo., on the brief), for appellant.

Edward G. Knowles, of Denver, Colo. (C. A. Magaw, of Omaha, Neb., and Clayton C. Dorsey, of Denver, Colo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

The plaintiff below appeals from an order sustaining a demurrer to a second amended complaint sounding in damages for the wrongful death of an eleven year old boy. The first six paragraphs may be passed by, for even if there was negligence in tolerating the dangerous situation alleged to exist — which we do not intimate — there was no causal connection between that negligence and the death. The boy was not struck by a car or...

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