Oxsher v. Houston East & West Texas Railway Co.

ELY, Associate Justice.

Appellant, an alleged minor, through his next friend, G. E. Oxsher, instituted this suit to recover damages of appellee, resulting from the crushing of his foot by the wheel of a car. .The court instructed a verdict for appellee.

It was developed by the facts that appellant, who was about 18 years of age, went in company with two ladies, his relatives, and four children, to Garrison, a station on appellee’s line of railway to assist them on the train, about 10:30 o’clock at night, on June 25, 1900. Two young men named Weatherly were also assisting the ladies and…