Delaware & Hudson Co. v. Jennings

WOOLLEY, Circuit Judge.

The suit was brought by parents of a boy as his next friends and in their own right to recover damages for personal injuries which he sustained when passing over tracks of the defendant railroad company. There was a judgment on two verdicts; one for the hoy, the other for the parents. The defendant took two appeals. Both aro based on the same assignments of error which, when read together, raise the single question of law, whether the trial court erred in refusing the defendant a directed verdict on the ground that the statement of claim set up a new cause of action by…