Dallas Ry. Co. v. Kimberly

Mrs. Leona Kimberly, for herself and as next friend of her minor son, Clarence Kimberly, instituted this suit in the district court of Tarrant county for damages on account of personal injury received by the minor son while he was a passenger on a car of the Northern Texas Traction Company.

It was alleged that while Clarence Kimberly was such passenger he projected his head out of a window of the car, and while in that position his head was struck and seriously injured by a passing street car owned and operated by the Dallas Railway Company. According to further allegations in the petition,…