Maglinchey v. Southern Pacific Co.

Citations

• 5 Cal. Unrep. 363
• 44 P. 1021
• 1896 Cal. LEXIS 1088

Syllabus

<p>Carrier—Minor Running Between Cars to Board. Train.—In an action against a railroad company for injuries received by a boy seventeen years old, while attempting to pass between the ears of a freight train to reach a passenger train which he intended taking, an instruction that no recovery could be had if the boy possessed mental capacity to realize the danger to which he was subjecting himself, because the law is that one going into a place of danger assumes the risk, without any restriction as to the qualified measure of care and caution required of one not of full age, was not objectionable, where such qualifications were repeatedly given, and specifically applied in other instructions.</p>