West v. Southern Ry. Co.

Charles West, a boy eleven years of age, was struck and injured by one of the switch engines of the Southern Railway Company, operated by Engineer White, on February 11, 1933. Suing by next friend, he instituted this action for damages against the railway company and the engineer and has appealed in error from the action of the court in granting defendants’ motion for peremptory instructions made at the close of plaintiff’s proof in chief. For brevity, we will refer to the parties according to their status in the circuit court.

At the time of the accident plaintiff lived with his mother and…