Mendoza v. Texas & P. Ry. Co.

HICKMAN, Chief Justice.

In the court below a general demurrer was sustained to plaintiffs’ petition, and upon their declining to amend, the case was dismissed. The only question presented is whether the petition stated a cause of action, and it, therefore, becomes necessary to state the substance of the allegations. The parties will be referred to as in the trial court.

The suit was by Jesus Mendoza, a minor nine years of age, through his mother, Mrs. Georgia Mendoza as next friend, and also by Mrs. Georgia Mendoza in her own.behalf. The defendant is Texas & Pacific Railway Company, who owns,…