Ling v. Great Northern Ry. Co.

Citations

• 165 F. 813
• 1908 U.S. App. LEXIS 5422

Syllabus

<p>1. Negligence (§ 39*) — Injury to Children — Depots.</p> <p>A depot is not a place which allures children of tender years, or which a railroad company holds out to them as an implied invitation or special attraction to visit.</p> <p>LEd. Note. — For other casos, seo Negligence, Cent. Dig. § 55; Dec. Dig. § 39.*]</p> <p>2. Railroads (§ 274*) — Depots—Protection Agatnst Children.</p> <p>A railroad company was under no obligation to exercise active vigilance to guard its depot, to protect little children going alone on the depot platform, without invitation or purpose other than childish curiosity and amusement, and without the knowledge of the railroad company’s servants.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 868-874; Dec. Dig. § 274.*]</p> <p>3. Railroads (§ 274*) — Injury to Licensee» — Children on Depot Platform,</p> <p>Plain!iff, between 2% and 3 years old, without the knowledge of his parents, wandered onto defendant's depot platform for curiosity and amusement. While a xoassenger train was standing at the station plaintiff leaned against the rear sleeper, and when the train started was thrown and injured. The presence of the child was not known to any of defendant’s servants, though it could have been discovered, had they looked in the child's direction before starring the train. Held, that the servants were not bound to look for plaintiff’s peril, and, not having seen him, defendant was not liable.</p> <p>[Ed. Note.- — For other cases, see Railroads, Cent. Dig. §§ 868-874; Dee. Dig. § 274.*]</p>