PECK, Circuit Judge.
This action, which resulted in a jury verdict and judgment for the plaintiff in the District Court, grew out of an accident in which the plaintiff, then 12 years of age, was injured. The suit was brought on his behalf by his father as his next friend, and on behalf of the father individually. Herein, however, the boy will usually be referred to as the "plaintiff," and the defendant-appellant as the "defendant."
At the time of the accident...
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