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NOLLEY v. CHICAGO, M., ST. P. & P. R. CO.

No. 13982.

183 F.2d 566 (1950)

NOLLEY v. CHICAGO, M., ST. P. & P R. CO.

United States Court of Appeals Eighth Circuit.

August 8, 1950.

Attorney(s) appearing for the Case

Irving H. Green, Minneapolis, Minn., for appellant.

C. O. Newcomb, Minneapolis, Minn. (A. C. Erdall and S. W. Rider, Jr., Minneapolis, Minn., were with him on the brief), for appellee.

Before SANBORN, JOHNSEN and COLLET, Circuit Judges.

JOHNSEN, Circuit Judge.

A nine year old boy undertook to "hop" a moving freight train in the yards of the Milwaukee Railroad at Minneapolis, and in the incidents which occurred he lost a leg.

In a suit against the Railroad under Minnesota law for negligence, he alleged (1) that the yards constituted an attractive structure or condition, with unreasonable hazards to children, against the dangers of which the Railroad...

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