Evansich v. G., C. & S. F. R'y Co.

Citations

• 57 Tex. 126
• 1882 Tex. LEXIS 107

Syllabus

<p>1. Action.— Under the Revised Statutes a father may maintain an action, as next friend to his son, to recover damages for personal injuries wrongfully inflicted on the son.</p> <p>2. Contributory negligence.— The same rule in regard to contributory negligence which applies to persons whose age and discretion enable them to protect themselves, does not apply to children of tender years. Damages may be recovered for injuries to children, who, through want of discretion, have contributed thereto, under circumstances which would defeat a recovery by persons having age and discretion.</p> <p>3. Pleading—Pact case.—See petition for allegations of the conduct of employees of a railway company resulting in injury to a child seven years old, which, if established, would authorize a recovery.</p> <p>4. Practice—Contributory negligence.—The question whether a'child suing by next friend, for damages alleged to have resulted from the negligence of the defendant, had sufficient discretion to make - him subject to the rules of law applicable to contributory negligence, is not a question for the court to be determined on demurrer, but of fact to be tried by the jury.</p> <p>5. Negligence — Damages.— The fact that the turn-table of a railway company, on which a child of tender years was injured, through the negligence of the company’s agents, was located on the premises of the company, cannot affect the right of the child to recover for the damage infligtedr</p>