Thompson Ex Rel. Thompson v. Missouri, Kansas & Texas Ry. Co.

FISHER, Chief Justice.

This is an action by appellant on behalf of her son, as next friend, to recover damages against the appellee for injuries alleged to have been inflicted upon the child by reason of the negligence of appellees. The court below sustained demurrers to the petition, and appellant declining to amend, judgment was rendered against her.

The petition avers that the child, at the time it was injured, was twelve years of age, and was small in size, and lacking in intelligence and discretion. The averments of negligence are that the child boarded a moving freight train at a public…