KELLY v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 72-1525 Summary Calendar.

464 F.2d 446 (1972)

John KELLY, By James Kelly, Brother and Next Friend, Plaintiff-Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 31, 1972.


Attorney(s) appearing for the Case

Fred T. Rucker, Jackson, Miss., for plaintiff-appellant.

A. Spencer Gilbert, III, Jackson, Miss., Robert Mitten, Chicago, Ill., for defendant-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


PER CURIAM:

Appellant, a fourteen year old boy, and a companion set out to join friends at a local swimming hole. On their way they crossed appellee-Railroad's yard where switching operations were in progress. As the boys crawled under a cut of cars, the cars moved, crushing appellant's leg. The movement was the result of switching maneuvers by Railroad's employees.

Appellant filed suit alleging his injuries were caused by Railroad's negligence. He later amended...

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