Elk Refining Company, a Corporation v. Edward Allen Majher, an Infant Under the Age of Twenty-One Years, Who Sues by Andy Majher, His Next Friend

DOBIE, Circuit Judge.

Edward Majher, an infant, (hereinafter referred to as Majher), through his next friend ■ Andy Majher, brought a civil action, seeking damages for personal injuries, in the United States Dis trict Court for the Southern District of West Virginia, against the Elk Refining Company, (a corporation hereinafter referred to as Elk). A jury returned a verdict of $10,000 in favor of plaintiff. Elk’s motions for judgment non obstante veredicto or for a new trial were denied by the District Judge. Elk has duly appealed to us.

On June 18, 1954, Majher was severely burned in attempting…