Robert M. Spellacy, as Guardian Ad Litem of Patrick James Spellacy, a Minor v. Southern Pacific Company and Ronald Burke

HAMLEY, Circuit Judge:

Robert M. Spellacy, then fifteen years old, lost both of his legs at a point below the knees, when he fell under the wheels of a moving freight car in the Southern Pacific Company’s train yard in Portland, Oregon. Just prior to the accident Spellacy had been discovered as a trespasser and had been taken to an office in the yard. He had broken away from this custody and, at the time of the accident, was running through the yard with the company’s Special Agent William Ray Horn and Portland Police Officer Ronald Burke in pursuit.

Acting through his guardian ad litem,…