Jones ex rel. Jones v. Southwestern Interurban Railway Co.

*810The opinion of the court was delivered by

Burch, J.:

Ernest M. Jones, an employee of the defendant, commenced the action to recover damages resulting from personal injuries sustained by the derailment of a car operated by the defendant, on which he was riding. When the case came on for trial, it appeared that the plaintiff was then mentally incompetent to maintain the suit. A continuance was taken and his wife was appointed guardian of his person and estate. On motion, the guardian was substituted as plaintiff in the action and filed an amended petition. Issues were made up and tried and the…