Atlantic Coast Line Railroad Company v. Mrs Elizabeth Frances Futch

TUTTLE, Circuit Judge.

This is an appeal from a judgment based on a jury verdict in favor of a mother for the death of her 18 month old son on the track of the defendant railroad. The child was struck in the vicinity of a path leading from its parents’ house 1 down to the tracks. The question, preserved for review by defendant’s motions to dismiss, for a directed verdict, for judgment n.o.v. and for new trial, is whether there was any substantial evidence of negligence on the part of appellant or its employees which proximately caused the death of the child. The family lived in a…