Wynn Coal Company v. Lindsey

Opinion of the Court by

Judge Clay

— Reversing.

While engaged in coupling cars at the tipple of the Wynn Coal Company, James Lindsey, an infant 14 years of age, was struck by a car and his arm broken. In this action for damages brought by him through his mother as nest friend he recovered a verdict and judgment for $3,250. The coal company appeals.

The first ground urged for a reversal is that the court erred in sustaining the demurrer to paragraph 2 of the answer. This paragraph pleaded, in substance, that plaintiff appeared to be more than 16 years of age; that lie represented to the coal…