Jennings v. Delaware & Hudson Co.

JOHNSON, District Judge.

The facts of this ease, more fully set forth in Delaware & Hudson Co. v. Jennings et al. (C. C. A.) 64 F.(2d) 531, 532, are briefly as follows: Suit was brought to recover for injuries to minor plaintiff sustained while passing over defendant’s railroad tracks. Plaintiffs filed their statement of claim June 2, 1927, describing the place of the accident as being “at a point near the said Stevens Point.” On January 13, 1928, plaintiffs amended their statement by placing the accident at “a point opposite the Stevens Point post-office,” such place making minor plaintiff a…