Lumsden v. Chicago, Rock Island & Texas Railway Co.

Citations

• 23 Tex. Civ. App. 137

Syllabus

<p>Minor Suing by Next Friend—Compromise Judgment Held Invalid.</p> <p>A widow brought an action for damages against a railway company for herself and as next friend for her minor daughter to recover for the death of her husband and father, and a judgment therein was rendered in favor of plaintiff in accordance with an agreement signed by the attorneys of both parties, which agreement fixed the total damages at $1000, and apportioned them in the sum of $997 to the widow, $1 to the minor child, and $1 each to two other adult children who were also plaintiffs, and the minor, through her said next friend, appealed from the judgment. Held, that as the compromise agreement made a division of the damages to the manifest detriment of the minor, and to the exclusive benefit 'of the next friend, who was legally incapacitated to represent her in that particular by reason of opposing interest, it would not warrant the judgment .</p>