Stewart v. Loughman

Opinion by

Mr. Justice Jones,

This appeal is from a final order of the court below refusing to take off a compulsory nonsuit. The action was instituted by the minor plaintiff, acting by his father as his natural guardian, and by the father and mother in their own right to recover damages for personal injuries suffered by the minor through the alleged negligence of the defendant.

The injuries in suit were sustained by James W. Stewart, the minor plaintiff, when he stepped from the leading (front) edge of the wing, of an airplane and was struck by the revolving propeller. The plane was owned by…