Eugene Hentley, Who Sues by His Next Friend and Mother, Dardanella Hentley v. Atlantic Coast Line Railroad Company

RIVES, Circuit Judge.

This appeal is taken from an adverse judgment entered upon a directed verdict for appellee, granted at the conclusion of appellant’s testimony in his suit for damages for personal injuries sustained as a result of the alleged subsequent negligence of appellee’s train crew. After the trial court had granted appellee’s motion to dismiss both a simple negligence and a subsequent negligence count in the original complaint, the case was tried solely upon a third count charging subsequent negligence by appellee after discovery of appellant’s peril, and upon a pre-trial order…