Davis, Director General of Railroads v. Keller

On July 5, 1918, while the railroads of the country were under federal control, appellee was injured by a moving train operated by the Director General of Railroads. This action is for damages resulting from such injuries. The amended complaint upon which the cause was tried was in three paragraphs.

In the first paragraph, no attempt is made to charge negligence in respect to the operation of the train. It is alleged therein that appellee was six years of age, non sui juris, and that as he and another boy of the same age were playing “along, near to and on the west side” of the railroad, the…