Schaff v. Sanders

Appellee, Charles Sanders, a minor, by his father, Newton Sanders, as next friend, sued C. E. Schaff, receiver of the Missouri, Kansas & Texas Railway Company of Texas, and the Missouri, Kansas & Texas Railway Company of Texas, for damages for the loss of the sight of Charles Sanders’ right eye, which was alleged to have been occasioned by a spark- or cinder from one of appellant’s engines striking him in the eye, while a passenger upon one of appellant’s trains.

Appellee pleaded his cause of action in several distinct counts or separate groups of facts upon which he relied for recovery. We…