Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1882-04-28
NOTEWORTHY CASES OF Personal
INJURY.

We mentioned somo months aro a
Kansas case holding company Liable
for injuries which boy. while playing
aboHt disused turn-table, sustained
through lis detective condition. From
resent decision it appears that the
right OF small boys in Kansas to play
about the railroads is not without limits.
Near a station was a switch track $50
feet lsng, and inclined four and a half
feet in that distance; so that a car
switched off upon it needed to be fast
enea, else it would run down the grade.
Ths cars were usually fastened by means
of tho brakes. But the boys of the place
were addicted to climbing upon the cars.
loosening the brakes and taking free
ride down. This was not done by consent
OF the company; on the contrary. it was
forbidden. One day young boy while
taking ride in this manner, and en-
deavoring to get off the car before il had
quite stopped, fell under the wheels and
was killed.. The Court held that the
company was not liable, for the reason
that it had not failed in any duty.
Neither the track nor the cars were de-
fective or out Of repair. This boy was
NOS passenger Or an employe: he had
no right to climb upon the cars; but was
a mere trespaSSer. As toward him the
company was not bound to fasten the
cars in any particular way; and it had
fastened them sufficiently TO prevent in
fury to all persons except one using
them wrongfuliy.
Another small boy case comes from
Pennsylvania. He was newsb0y and
was accustomed to ride back and forth
on the trains to sell papers. He had
some oral permission fronl the conductor
for riding as he did; but the rules of the
company forbade any person except en-
ployes TO ride without paying fare or
showing 4 pass; the conductor had not
authority TO give the leave. At length
the boy was killed under circumstances
which would have enabled his mother, if
be had been passenger, to recover dam
ages. And she brought suit, claiming
that the leave TO ride, given TO her son,
in effect made hiia passenger, oven
though the conductor ought not TO have
given il. The Court said that when
person gets leave from conductor 10
make trip without paying fare, which
leave is granted contrary 10 the rules of
the company the traveller Is legally liza
bic for the fare and the company can re-
cover it from him by an aciion. There
fore he has the rights of passenger
while on the trip. But this boy rode
back and forth not as 4 passenger, but to
sell papers. He was only trespasser.
The company owed him no duty-except
70 ssfrain from any willful injury, etc.
Damages could not be claimed for an or
dinmy railroad casualty by which he was
hurt
4 Kansas woman put two little girls
aboard train of cars intending they
should ride to Iowa Point. One Gf them
was hess than five years of age; the
other elder. bnt weak and sickly. They
were not placed in any ones charge,
nor was any money given them to pay
fare. 1t was tho custom to allow mere
children travelling with adults 10 ride
free. When tho train reached lows
Point it stopped long enough for pas
sengers to leave. The little girls, how
ever, seem not 10 have known. until too
late, that the stopping place was Iowa
Point; at any rate they did not reach
the car platform to quit the car until the
train was just starting. However, they
tried TO alight A passenger tried to
help them. The elder one succeeded;
but the younger one. when her feet
touched the platform of tho station, fell
forward and she rolled to the ground
between that platform and the car. If,
now, she had lain perfectly still she
wonld not have been hurt; but she had
not presence Of mind for this, and her
ctrrYfrlao hro,rrbt hn,. Al.
track and they were badly crushed
Meantime the conductor had no inform
alton that the children were to leave
the train at Iowa Point. or that they
were travelling by themselves. And
when the accident happened it was
aggravated by the passengers giving
contradictory signals to the engineer.
The Court held that the company was
not chargeable with any negligence
which could render it liable Ii was
bound to carry the child safely to Iowa
Peint; but this was done. The COM
pany was not bound to know that the
child wished TO aligh at Iowa Point un-
less that wish was manifested by giv;og
notice to the conl uctor beforehand or
going forward 10 alight when the train
stopped. 1t was the tardiness of the
children, and not any fault of the train
men. which delayed their getting off un-
III the train was dangerously in motion
Nor were the employees bound to know
that The children were travelling without
agnardian; they had u right 10 suppose
that the passenger whom they saw as
sisting the little girls to alght was a
person in whose charge they were. The
company was not in fault because a
good-natured passenger tried to help