Missouri-Kansas-Texas Railroad Company, a Corporation v. Bernice Mathis, Mother, Natural Guardian and Next of Kin of Franklin Dewey Mathis, Deceased

BREITENSTEIN, Circuit Judge.

Plaintiff-appellee’s 12-year old son was killed while playing in the appellant-defendant’s railroad yards at Parsons, Kansas. The jury awarded her $15,000 damages and the railroad appeals urging the insufficiency of the evidence and errors in the instructions.

At Parsons the railroad has switching and classification yards which are in the shape of a diamond, have 36 tracks at the widest point, and run in a north-south direction through a populated section of the city. From a lead track, which forms the perimeter of the diamond, cars can be switched onto any of the…