Holzheiser v. Gulf, West Texas & Pacific Railway Co.

WILLIAMS, Associate Justice.

This action was brought in the name of Gus Holzheiser by his father, as next friend, to recover damages for injuries inflicted upon him by the negligence of defendants. The petition alleged that Gus Holzheiser when hurt was twenty-four years of age, but that from birth he had been of unsound mind, to such a degree as to render him wholly incapable of transacting business and at times totally helpless and unconscious. The allegation was also made, in another form, that from his birth plaintiff had been non compos mentis, but «had never been so adjudicated nor a…