Southern Railway Company v. David W. Hutchings, a Minor, by Next Friend, James H. Hutchings

MARTIN, Circuit Judge.

The Southern Railway Company has appealed from a judgment for $10,000 entered on a jury verdict for the appellee, David W. Hutchings, a twelve-year-old boy. The jury award was for personal injuries resulting from the boy’s being struck by a step protruding from a caboose of one of the appellant’s freight trains.

The issue presented is whether appellant was entitled, on the evidence, to a directed verdict in the district court. It is the contention of the Railway Company that the plaintiff failed to make a case for the jury under the Tennessee Statutory Precautions Act.…