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ERIE R.R. CO. v. HILT

No. 846.

247 U.S. 97 (1918)

38 S.Ct. 435

62 L.Ed. 1003

ERIE RAILROAD COMPANY v. HILT, AN INFANT, BY HIS NEXT FRIEND, ET AL.

Supreme Court of United States.

Decided May 20, 1918.

Attorney(s) appearing for the Case

Mr. George S. Hobart, with whom Mr. Gilbert Collins was on the brief, for petitioner.

Mr. Raymond Dawson, with whom Mr. James J. Murphy, Mr. Edwin F. Smith and Mr. Samuel Greenstone were on the brief, for respondents.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action for personal injuries caused by the plaintiff being run over on a siding of the defendant's railroad at Garfield, New Jersey. The plaintiff was a boy less than seven years old and had been playing marbles near the siding when a marble rolled under a car. The boy tried to reach the marble with his foot and while he was doing so the car was backed and...

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