Perry v. Western Union Telegraph Co.

MOINET, District Judge.

This appeal is to review the action of the District Court on a directed verdict of no cause of action, based wholly on the opening statement of counsel, briefly as follows:

The plaintiff will show by a preponderance of evidence that on the night of October 3, 1925, while under the age of 16 years, he was injured by an automobile; that about two weeks prior thereto he had been employed by the defendant; that the plaintiff was born on May 28, 1910, and that the defendant is a corporation engaged in the business of receiving, transmitting, and delivering telegrams; that the…