FLEMING v. BROWN

No. 12986.

150 F.2d 801 (1945)

FLEMING v. BROWN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 27, 1945.


Attorney(s) appearing for the Case

Hale Houts, of Kansas City, Mo. (William S. Hogsett, Alvin C. Trippe, and Henry Depping, all of Kansas City, Mo., on the brief), for appellant.

Maurice J. O'Sullivan, of Kansas City, Mo. (Joseph H. Brady and T. James Conway, both of Kansas City, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


WOODROUGH, Circuit Judge.

Defendant appeals from the verdict and judgment of $7,660 recovered by plaintiffs for the death of their minor son, Arlie Brown.

The evidence tends to show the following facts: Arlie Brown was killed on the station grounds of the Rock Island Railroad at Scandia, Kansas, as a result of a derailment of a freight train of the railroad at about 9:10 o'clock on the night of November 14, 1941. At the time of his fatal injury, Arlie Brown...

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