Teston v. Root

FUNDERBURK, Justice.

This is a suit brought by R. T. Teston, as next friend for Robert Teston, a minor, between five and six years of age, against C. M. Root, A. H. Rhodes, and P. R. Warwick, executor of the estate of J. L. Mc-Murray, deceased, to recover damages for personal injuries alleged to have resulted from the negligence of the defendants. The defendants were the owners of a 40-acre oil lease in Brown county, known as the Newton lease. There was a tank of water on the lease, on the dam of which was a pump and engine belonging to the defendants which had been used in operations on the…