Erwin v. Dunn

CODY, Justice. :

This was an action for damages sustained by a ten year old boy, Charles Erwin, when, a piece of fireworks, allegedly sold him by an employee of defendants, exploded in his right hand. It was brought by his mother acting in her individual capacity, and as the boy’s next friend; she was joined by her husband, the boy’s step-father. The defendants conducted a retail mercantile business at Houston under the name of Berry Hardware, Cabinet and Mills Works.

At the conclusion of plaintiffs’ evidence, in response to defendants’ motion, the court instructed a verdict for defendants.

It…