BORAH, Circuit Judge.
This is an appeal in a tort action brought by appellant, Mrs. Mae Stanaland, to recover damages for the wrongful death of her minor son, who was struck and killed by one of defendant-appellee's trains. The appeal is from an order granting a motion to dismiss because the complaint fails to state a claim upon which relief can be granted.
In considering a motion to dismiss the complaint for failure to state a claim upon which relief can...
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