Show REMANDS CASE FOR FOft FO TRIAL Supreme Court Overrules NonSuit in Boys Action Against the Short Line The supreme court yesterday re reversed reversed reversed versed the decision of the lower court courtin in ordering a nonsuit in II the case of Jesse Gesas by nis guardian ad litem Morris Levy against the Oregon Short Line railroad and remanded the case ease for a new trial Gesas a boy of o 8 years was endeavoring endeavoring endeavoring oring to cross between two cars of o a freight train at Blackfoot Ida when the train started suddenly and the lit little tle the fellow fell under a wheel his leg being crushed Before he attempted lo to cross he had asked the brakeman whether he had time and had been in informed formed that the train would not start for half halt an hour The lower court ordered a nonsuit on the ground that it had not been J that the bell ben was not rung or the whis whistle tle tie sounded before the train started the only evidence on this point being the unsupported assertion of the boy boyThe b y The attorney for the tile boy offered to prove by other witnesses that such was the case but was not allowed to do no o oThe oThe The court holds that this testimony should have been introduced and for tills this and other errors by the trial court orders a new trial The opinion was written by Justice and concurred In by Chief Jus Justice Justice Justice tice McCarty and Justice Frick |