POLLARD v. NICHOLLS

No. 8614.

99 F.2d 955 (1938)

POLLARD v. NICHOLLS.

Circuit Court of Appeals, Fifth Circuit.

November 19, 1938.


Attorney(s) appearing for the Case

W. H. Sadler, Jr., of Birmingham, Ala., for appellant.

Sam C. Pointer, of Birmingham, Ala., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This is a suit by Louise Nicholls, a minor, for damages sustained by her when she was struck by a railway engine operated by appellant. Begun in a state court of Alabama, the suit was removed to the court below, where a verdict was rendered for appellee. From a judgment entered thereon, the receiver prosecutes this appeal.

The evidence discloses that, on a clear day in July about six p. m., appellee, a girl of fourteen years, and Raymond...

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