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ILLINOIS TERMINAL R. CO. v. CREEK

No. 14864.

207 F.2d 475 (1953)

ILLINOIS TERMINAL R. CO. v. CREEK.

United States Court of Appeals Eighth Circuit.

October 30, 1953.

Attorney(s) appearing for the Case

Wayne Ely, St. Louis, Mo. (Joseph L. Badaracco, Robert C. Ely and Ely & Ely, St. Louis, Mo., on the brief), for appellant.

Charles E. Gray, St. Louis, Mo. (Phillip B. Sachs, Clayton, Mo., and Inman, Dyer, Gray & Dreher, St. Louis, Mo., on the brief), for appellee.

Before SANBORN and THOMAS, Circuit Judges, and HULEN, District Judge.

SANBORN, Circuit Judge.

David Wayne Creek, a nine year old boy, on April 24, 1951, while trespassing on the right-of-way of the Illinois Terminal Railroad Company, in the subway under Twelfth Street, in St. Louis, Missouri, ran head on into the side of a moving electric passenger streetcar of the Company and was seriously injured. He brought this action to recover damages for his injuries, in reliance upon the Missouri humanitarian...

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