ABBOTT v. RAILWAY EXPRESS AGENCY

No. 4474.

108 F.2d 671 (1940)

ABBOTT v. RAILWAY EXPRESS AGENCY.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1940.


Attorney(s) appearing for the Case

John H. Skeen, of Baltimore, Md. (Howard H. Conaway and Emory, Beeuwkes, Skeen & Oppenheimer, all of Baltimore, Md., on the brief), for appellant.

J. Louis Raap, of Baltimore, Md., for appellee.

Before PARKER and SOPER, Circuit Judges, and DOBIE, District Judge.


DOBIE, District Judge.

Plaintiff, appellant in this case, a boy four years old, was injured beneath a rear wheel of a truck owned by defendant, appellee, and operated by its employee, Joseph Heilman. At the conclusion of the evidence of the plaintiff, the trial judge below directed a verdict for the defendant on the ground that the evidence, even when construed most favorably to the plaintiff, failed to make out a prima facie case of actionable negligence against...

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