Linxwiler v. El Dorado Sports Center, Inc.

At about five a.m. on September 26, 1958, Billy Linxwiler, a boy of eighteen, was accidentally shot in the throat by an employee of the El Dorado Sports Center, an all-night bowling alley. Billy’s father, the appellant, brought this action for his son’s injuries and for his own hospital and medical expense. The jury returned a verdict for $1,400 for the boy’s personal injuries but made no award to the father in his own right. Both parties have appealed.

Upon the direct appeal Linxwiler, both in his own right and as his son’s next friend, relies for reversal upon the rule that a plaintiff may…