Rex Pierce, Jr., a Minor by His Next Friend, Janet Pierce v. New York Central Railroad Company

PHILLIPS, Circuit Judge.

Judgment was rendered against the railroad for $132,500 in this tort action involving severe injuries to a boy slightly over eight years of age. The case was tried before District Judge Noel P. Fox sitting without a jury.

The action originally was filed in the Circuit Court of Ingham County, Michigan, and was removed to the District Court upon petition of the railroad upon the basis of diversity of citizenship. Michigan law controls.

We affirm certain basic findings of the District Court but vacate the judgment and remand the case for clarification and further findings…