Clancy v. Barker

SANBORN, Circuit Judge.

This case was determined in the lower court on a demurrer to the evidence; the trial court holding, on the conclusion of the plaintiff’s testimony, that there was no substantial evidence warranting a recovery. It accordingly directed a verdict in favor of the defendants. This action was taken on testimony which tended to establish, and did establish, the following facts:

Freeman Clancy, in whose behalf the action is brought, at the time of the accident hereafter described, was about six years old, and was stopping with his parents at the Barker Hotel, in the city of…