Coy v. Columbus, Delaware & Marion Electric Co.

This case arises as an error proceeding to a judgment of the Court of Appeals of Marion county, which affirmed a judgment of the court of common pleas of that county after that court had sustained a motion of the defendant below to exclude all testimony and to direct a verdict for the defendant upon the ground that the petition did not state a cause of action.

The petition in its material portion reads as follows:

“Plaintiff, Charles H. Coy, is under twenty-one years of age, and brings this action by Thomas O. Coy, his next friend.

“Defendant, The Columbus, Delaware and Marion Electric Company,…