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RASMUSSEN v. PALMER

No. 171.

134 F.2d 780 (1943)

RASMUSSEN et al. v. PALMER et al.

Circuit Court of Appeals, Second Circuit.

April 15, 1943.

Attorney(s) appearing for the Case

Rubin & Rubin, of New Haven, Conn., for plaintiffs-appellants.

E. R. Brumley, of New York City (R. J. Seifert, of New York City, and R. W. Pickard, of New Haven, Conn., of counsel) for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

Harry Rasmussen, Jr., a boy eleven years old, was playing with two other boys in the early evening of September 9, 1941, in the railroad yard in New Rochelle, N. Y., which the defendants operated as trustees of the owner in reorganization, the New York, New Haven & Hartford Railroad Company. He climbed to the top of a freight box car then standing in the yard and as one of his arms was raised when he pretended to shoot a toy pistol it struck...

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