Coy v. Missouri Pacific Railway Co.

*322The opinion of the court was delivered by

Atkinson, J.:

Clarence Lynn Ooy, a minor twelve years of age, by his father and next friend filed his petition in the district court of Allen county against the Missouri Pacific Railway Company to recover damages for personal injuries. The court sustained a demurrer to his evidence, and he brings error. The facts, as disclosed by the evidence, are substantially as follows : One of the tracks of defendant on Benton street in the city of Iola was known as the “team track,” upon which cars were set out to be loaded and unloaded. On February 22, 1902, there…