Brown Ex Rel. Brown v. Martinez

MOISE, Justice.

Appellants, being father and son, appeal from a judgment dismissing their claim for damages against appellee growing out of injuries suffered by the son when he was shot in the left leg while engaged with several other boys in a watermelon stealing escapade on appellee’s property.

We will refer to the son as appellant, the father being a party to the suit merely to recover items of expense incurred by him for medical and hospital care for the son, and as next friend because of the son’s minority.

For a consideration of the issues raised by appellant and necessary for a decision…