POLLARD v. PORTER

No. 8811.

99 F.2d 956 (1938)

POLLARD v. PORTER.

Circuit Court of Appeals, Fifth Circuit.

November 19, 1938.


Attorney(s) appearing for the Case

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

Erle Pettus and Claude D. Ritter, both of Birmingham, Ala., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

As Administrator of the Estate of Charles R. Porter, deceased, the appellee recovered a judgment in the court below for the wrongful death of his intestate. The deceased, a boy fifteen years of age, together with a girl named Louise Nicholls, was riding a horse along a railroad track, on a fill about fifteen feet high and nine hundred feet long. Both sides of the right-of-way were covered with a dense growth of bushes.

The boy was riding...

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