SOUTHERN RAILWAY COMPANY v. HUTCHINGS

No. 14076.

288 F.2d 837 (1961)

SOUTHERN RAILWAY COMPANY, Appellant, v. David W. HUTCHINGS, a Minor, by Next Friend, James H. Hutchings, Appellee.

United States Court of Appeals Sixth Circuit.

April 11, 1961.


Attorney(s) appearing for the Case

Clyde W. Key, Knoxville, Tenn. (Key & Lee, Knoxville, Tenn., on the brief), for appellant.

H. Calvin Walter, Knoxville, Tenn., for appellee.

Before McALLISTER, Chief Judge, and MARTIN and O'SULLIVAN, Circuit Judges.


MARTIN, Circuit Judge.

The Southern Railway Company has appealed from a judgment for $10,000 entered on a jury verdict for the appellee, David W. Hutchings, a twelve-year-old boy. The jury award was for personal injuries resulting from the boy's being struck by a step protruding from a caboose of one of the appellant's freight trains.

The issue presented is whether appellant was entitled, on the evidence, to a directed verdict in the district court. It is...

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