DENMAN, Senior Circuit Judge.
Franich, a minor suing by his guardian ad litem, appeals from a judgment of the District Court in a judge-tried diversity suit removed from a district court of Montana, holding the appellee Railway not liable to him for injuries received while playing in the Railway's siding adjacent to its railway tracks near the city of Butte, Montana.
The injury occurred when Franich, then about five years of age, while walking on parallel...
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