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JONES v. CITY OF ABERDEEN, MARYLAND

Civ. A. No. 7779.

138 F.Supp. 727 (1956)

Michael Francis Fay JONES, a minor, by his father and next friend, Arthur Edgar Jones, Jr., and Arthur Edgar Jones, Jr., v. The CITY OF ABERDEEN, MARYLAND, a municipal corporation, and United States of America, Defendant and Third-Party Plaintiff, The PENNSYLVANIA RAILROAD COMPANY, Third-party Defendant.

United States District Court D. Maryland, Civil Division.

March 12, 1956.

Attorney(s) appearing for the Case

Bertrand H. Merwin and Russell Brown (McGrath & Brown) Washington, D. C., John H. Dryden, Harry T. Gross, Richard Whittington Whitlock, Baltimore, Md., for plaintiffs.

George Cochran Doub, U. S. Atty., Herbert F. Murray, Asst. U. S. Atty., Baltimore, Md., for defendant.

CHESNUT, District Judge.

On October 9, 1952, the plaintiff, Michael Francis Fay Jones, a 23-month old boy, strayed onto the railroad right-of-way of The Pennsylvania Railroad Company in the City of Aberdeen in Harford County, Maryland, where he was struck by a fast train of the Railroad, as a result of which both legs were amputated. This occurred about 10:30 A.M. The boy was taken to the hospital where his life was saved by surgical and hospital care.

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