Fleming v. Brown

WOODROUGH, Circuit Judge.

Defendant appeals from the verdict and judgment of $7,660 recovered by plaintiffs for the death of their minor son, Arlie Brown.

The evidence tends to show the following facts: Arlie Brown was killed on the station grounds of the Rock Island Railroad at Scandia, Kansas, as a result of a derailment of a freight train of the railroad at about 9:10 o’clock on the night of November 14, 1941. At thé time of his fatal injury, Arlie Brown was sitting in the cab of his truck parked upon a cindered area west of the station building, at a point some 40 feet north of the main…