Stewart v. Missouri Pacific Railroad

WHITE, J:

This case was first heard in Division, and upon dissent was transferred to Court in Banc, where, on re-argument, the majority failing* to agree on the divisional opinion, the case was re-assigned.

The suit was to recover for personal injuries claimed to have been caused'to the plaintiff through the negligence of defendant’s employees.

The plaintiff, not quite fifteen years of age, with six other boys, was acting* as caddie on the Algonquin Golf Course. The seven boys left the course about three o’clock in the afternoon of August 2, 1920. The railroad tracks of the defendant pass near a…