Gulf, Colorado & Santa Fe Railway Co. v. Styron

Citations

• 66 Tex. 421
• 1 S.W. 161
• 1886 Tex. LEXIS 537

Syllabus

<p>1. Continuance—See opinion and facts for an application for continuance held insufficient.</p> <p>'2. Minor—Next friend—The essential facts of a suit in behalf of a minor, by a next friend, are that the action must be prosecuted for the use and benefit of the minor, by some proper representative. Any person who is permitted by the court to prosecute such an action is to be deemed a suitable person without regard to the volition of the minor.</p> <p>•3. Same—Pleading—When it appears with certainty that the action is based on the right of the minor, that the relief sought is such as it alone would be entitled to on the facts pleaded, and that this is sought for the use and benefit of the minor, the minor is the real plaintiff. (Authorities cited.)</p> <p>4. Same—Verdict—Judgment—See opinion for a verdict and judgment for a minor, in a suit in its behalf by a next friend.</p> <p>5. Dangerous machinery—Negligence—Degree—Injury to minor—If a minor, not having sufficient judgment and discretion to know her danger, is injured while riding upon the turn-table of a railroad company, the company is liable if it was guilty of negligence in not enclosing or securing the turn-table. It is not necessary to prove a willful intention to inflict the injury.</p> <p>>S. Practice—Erroneous charge—See opinion for a paragraph in a charge erroneous, but not a reversible error.</p> <p>7. Minor—Judgment—Proceeds—Money collected on a judgment in favor of a minor should be paid into court, there to remain until a guardian of the minor has been appointed, and has qualified, or the minor has reached majority.</p>