Frazier v. Northern Pac. Ry. Co.

CAVANAH, District Judge.

The case was tried before the Court without a jury, and is one where the plaintiffs, who legally adopted one George Frazier, when he was three years of age, seek to recover damages for the negligence *22of the defendant in causing the death of George Frazier, when at the age of nine years, and when struck by an oncoming train of the defendant.

The theory upon which damages is claimed is that the defendant was operating its train at an unlawful rate of speed within the City limits of Moscow, Idaho, that its servants saw or should have seen the child on the track for a…