Virginian Ry. Co. v. Armentrout

SOPER, Circuit Judge.

This case presents the account of an extraordinary accident to a 13 month old baby who strayed from his parent’s house to a railroad track 289 feet distant, and was there run over by a passing engine, losing his left arm above the elbow and his right arm above the wrist. Two issues of negligence on the part of the railroad were submitted to the jury: (1) that the engineer failed to give adequate warning of the approach of the engine and (2) that he failed to keep an adequate lookout and to save the child from injury after his presence on the track was observed and there…