The Russellville Democrat., 1883-03-29
NOTEWORTHY CASES OF Personal
INJURY.

INJGhI.
We mentioned some months ago
Kansas case holding company liable
fer injuries which boy, while playing
about a disused turn-table, sustained
through its defective condition. From
recent decision it appears that the
right OF small boys in Kansas TO play
aoout the railroads is not without limits.
Near station was switch track $50
feet long, and inclined four and half
feet in that distance; so that q car
switched off upon il needed to be fast
ened, else it would run down the grade.
The cars were usually fastened by means
Of the brakes. But the boys of the place
we're addicted to climbing upon the cars,
loasening 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-
deavorinc to get off the car before it had
quite stopped, fell under the wheels and
was killed. The Court held that the
company Was not liable, for the reason
tsst it had not failed in any duty.
Neither Che track nor the cars were de-
factivs or sut of repair. This boy was
not passenger OF an employe; he had
~ right 10 climb upon the cars; but ives
n mere trespasser. As toward him the
company was not bound to fasten the
ears in any particular way; and it had
fastened them sufficiently TO prevent in
jury 10 Ill persons exeept one using
them wrongfully.
srpaf1 bnv case nnypa~ frrrr,
rsRusvlvania, He was newsboy and
WIS accustomed to ride back and forth
On the trains to sell papers. He had
SEINE oral permission from the conductor
for riding ~ he did; but the rules Of the
company forbade any person except en-
ployes 10 ride without paying fare or
showing q pass; the conductor had not
sufAority to give the leave. At length
tAs boy was killed under circumstances
which would have enabled his mother if
he had boon passenger, to recover dam
ages. And she brought suit, claiming
that the leave TO ride, given to her son,
in effect made him passenger, even
though the conductor ought not to have
given il. Tho Court said that when q
person gets leave from a conductor to
make trip without paying fare, which
leave Is granted contrary to the rules OF
sAe company, the traveller is legally la
be for the fare and the company can re-
cover it from him by an sction. There
fore he has the rights Of . passenger
while On the trip. But this boy rode
hack and fmtA not Is passenger, but to
sol pspers. He wns only trespasser.
The company owed him no duty-except
TO refrain from any willful injury, etc.
Damages could not be claimed for an or
din~y railroad casualty by which he was
hurt
A Kansas wsaan put two little girls
aboard q train OF cars Intending they
shouid ride TO Iowa POINT. One 0 them
wa less shan Eve yosu OF age; the
ether elder, but weak and sickly. They
wsrs not placed h any ones charge,
asr was any money given them to pay
fAps. Ii was the cw6eom - a1lsw mere
ehilarsa travelling with sdults 70 ride
fkse. When he train reached Iowa
Peert it stopped long enough for pas
ssaesss to leave. The little girls, how
ever, seen not 10 have known, until too
Iats, dkxt me stopping place was Iowa
rsiHt; at any rate they did not reach
IRE car platform 70 quit the ear until the
ssasa wss Just starting. however. they
steA 10 alight A passenger tried to
khRp them. The elder one succeeded;
sat she younger one, when her feet
sSoohcd The platform OF the station, fell
forward and she rolled TO the ground
kseweeu shat platform and the car. II,
sow, she had lIs perfectly still she
wccid net kave heea hurt; but she had
nj pseW1ce Of mind fsr this, and her
sruESies brought her fect upon the
track end they wre badly crushed.
NsonAme The oDiuetor had no inform
s6fon that the children were to leave
She train s& Iowa Point, or that they
w~e travelling BY themselves. And
vh0 IRE accident happened Il wa.
se9rwvassd by the passengers giving
sonHsdioxy signals TO the engineer.
TShs Osest he'd tAst the company VIZ.
- ohsrgesble with any negligence
wfieh oocsd render it liable. 1t wa
hound 10 carry the child safely 10 lows
ruxf; but this wEs done. The com.
pANy Was no. bound 10 know that the
shild wiAed 10 alight ct Iowa Point un.
lsss that wish was manifested by giving
AVt@cC 70 INC uSBuuCtCf DcIOIcudnQ oil
g~As forward - slight when the train
RSTRed. 1t was the sMrdiness of the
sAhdrsa, and net kny fauh Of the train.
mem, w4nieh delayed their getting of un.
n tire train was Dangerously in motion
For were the employees bound to know
opst the children were travelling without
sTuardien; they had . right to suppose
thst the passenger whom they saw as.
GrinK the little girls to alight was :
person in whose charge they were. The
company was not in fault because 8
geod-sstured passenger tried to heir
the children off, nor because hasty and
excited passengers confused the engi
assr by injudiciOus signals. The affair
wss an accident which could not hav,
secs anticipated. A railroad company
e~snos be made responsible for an un
fsrsresH scsiden. occurring in the right
ful operation of the road It's liability
Asst always be founded on wrong. Z
nAe<ct.
4 grswn woman Ia Pennsylvania sus-
szfned singular injury in alighting.
The trsin was stationary. The woman
yrs assisted by her husband. On step
rsng downward from the lowest step Of
fAe oar she advanced her left foot fore
no.t 10 the ground. keeping her right