Nolley v. Chicago, M., St. P. & P R. Co

JOHNSEN, Circuit Judge.

A nine year old boy undertook to “hop”a moving freight train in the yards of the Milwaukee Railroad at Minneapolis, and in the -incidents which occurred he lost a leg.

In a suit against the Railroad under Minnesota law for negligence, he alleged (1) that the yards constituted an attractive structure or condition, with unreasonable hazards to children, against the dangers of which the Railroad had failed to exercise proper care to protect him; and (2) that the defendant further had been negligent in having proceeded to move the train “with greater speed,” thus “causing…