Missouri Pacific Railroad v. Lester

This action was brought by Evert Lester, a boy five years and four months old, by’his mother as his next friend, and in her own right, against appellants for injuries to the boy resulting from a severe burn. Evert was playing on appellants’ right-of-way near his home when his clothes were ignited from a fire which appellants’ employees built to warm their hands, and later abandoned. The trial below resulted in a verdict for appellees in the sum of $10,000 from which comes this appeal.

There is very little conflict in the evidence regarding the circumstances of the injury. The train crew was…