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ALLIGATOR CO. v. DUTTON

No. 11417.

109 F.2d 900 (1940)

ALLIGATOR CO. v. DUTTON.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1940.

Attorney(s) appearing for the Case

Claude O. Pearcy, of St. Louis, Mo. (Bishop, Claiborne & Heneghan and George E. Heneghan, all of St. Louis, Mo., on the brief), for appellant.

Lucien B. Barton, of Louisville, Ky. (Joseph J. Goodman, of St. Louis, Mo., on the brief), for appellee.

Before GARDNER and WOODROUGH, Circuit Judges, and MOORE, District Judge.

WOODROUGH, Circuit Judge.

The Alligator Company appeals from a judgment rendered against it for damages for personal injuries suffered by Jene Dutton, a nine year old boy who was burned by a highly inflammable waste product which the company had left accessible to him and other playing children. It was alleged that negligence of the company was the proximate cause of the injuries and the recovery was upon that ground. Diversity of citizenship and jurisdictional amount...

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