Southern Railway Company v. John J. Neely, Jr., a Minor, by Mrs. Azalea v. Neely, as Next Friend

HOOPER, District Judge.

The plaintiff, a minor seventeen years of age, recovered a judgment against defendant in the court below in the sum of $37,500.00 representing damages found to be in the sum of $50,000.00 but reduced by twenty-five per cent on account of his comparative negligence. His impairment is permanent and serious and no complaint is made as to the amount. Defendant railroad company on appeal however, earnestly insists that the evidence shows that the plaintiff himself was guilty of such negligence in attempting to pass over the crossing in question as would bar his recovery as a…