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KANALEY v. DELAWARE, LACKAWANNA & WESTERN R. CO.

No. 17, Docket 25430.

271 F.2d 657 (1959)

Joseph L. KANALEY, an Infant over Fourteen Years of age, by Leola P. Kanaley, his duly appointed Guardian ad Litem, Plaintiff-Appellant, v. DELAWARE, LACKAWANNA & WESTERN RAILROAD CO., Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 12, 1959.

Attorney(s) appearing for the Case

Gordon H. Mahley, Syracuse, N. Y. (H. O. Beach, Oswego, N. Y., Rice & Auser, Fulton, N. Y., on the brief), for plaintiff-appellant.

Raymond Hackbarth, Syracuse, N. Y. (Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.

PER CURIAM.

Plaintiff, an infant over the age of fourteen years, by his guardian appeals from a judgment dismissing the complaint at the close of plaintiff's case for failure to prove negligence and failure to prove plaintiff free from contributory negligence. The action originally commenced in the Supreme Court for Oswego County (New York) was removed to the federal court (28 U.S.C.A. §§ 1332, 1441).

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