Kansas City Southern Ry. Co. v. McDaniel

THOMAS, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury against the appellant railroad company, referred to hereinafter as the defendant, for $750 damages for the death of Chloe June McDaniel, a child about three years of age. Her death was the result of the alleged negligence of defendant in maintaining on its right of way a stack of poles constituting an attractive nuisance.

The suit was brought in the state court by plaintiff as administrator of deceased’s estate against the defendant Railway Company, against Joslyn Manufacturing and Supply Company…