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GARNER v. MISSOURI-PACIFIC LINES

No. 18738.

409 F.2d 6 (1969)

Reginald Leon GARNER, a minor by his mother and next friend, Bossie Mae Garner, and Bossie Mae Garner, Individually, Plaintiffs-Appellants, v. MISSOURI-PACIFIC LINES, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 10, 1969.

Attorney(s) appearing for the Case

John R. McCarroll, Jr., Hardison, Robertson, Harkavy & McCarroll, Memphis, Tenn., for appellants on brief.

G. Wynn Smith, Jr., Canada, Russell & Turner, Memphis, Tenn., for appellee on brief.

Before PHILLIPS, CELEBREZZE and McCREE, Circuit Judges.

PHILLIPS, Circuit Judge.

This case arose as a result of an injury to a thirteen-year old boy who fell beneath a freight train in Memphis, Tennessee. The railroad moved for summary judgment under Rule 56, Fed.R. Civ.P. Appellant, who sues by his mother as next friend, moved for a dismissal of the action without prejudice under Rule 41(a) (2), Fed.R.Civ.P. The District Court denied appellant's motion to dismiss and granted summary judgment

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