Osborne Ex Rel. Osborne v. Atlantic Ice & Coal Co.

The minor plaintiff, by his next friend, instituted an action for personal injuries alleged to have been inflicted upon him by the negligence of the servant of the defendant company. The father of the minor plaintiff instituted suit to recover for the loss of services of his son. The two cases were consolidated for the purposes of trial.

Construing the evidence most favorably to the plaintiffs, it appears that the defendant’s servant was driving a truck loaded with ice in the business of his master. The driver, overtaking the minor plaintiff, a lad seven years old, on the highway, called to…