Kowlak v. Tensleep Merc. Co.

RiNer, Justice.

This case is before the court by direct appeal from an order of the District Court of Washakie County, sustaining a motion for a new trial. The action was brought by John Kowlak as next friend for Matthew Kowlak, a minor child, plaintiff and respondent — hereinafter generally designated as the “plaintiff” — against Tensleep Mercantile Company, a corporation, defendant and appellant — subsequently designated herein as the “defendant” — to recover for injuries caused by alleged negligence on the part of one of the latter’s employees.

Plaintiff’s petition, after alleging the…