Martin v. Kansas City, Memphis & Birmingham Railroad

Citations

• 77 Miss. 720

Syllabus

<p>1. Action for Death or Person. Law of place.</p> <p>Actions for injuries resulting' in death are governed by tliesubstantive law of the place where the injury was inflicted.</p> <p>2. Railroads. Riding on engine. Custom.</p> <p>It is obviously perilous to ride on a railroad engine, and the habit of doing so by the party injured does not make it any less dangerous.</p> <p>3. Same. Tank employe. Ti-espasser.</p> <p>The tender of a railroad water tank who g-ets upon an engine stopping at the tank and rides thereon, without the knowledge of the conductor of the train, who would, if advised, have forbidden him, is a trespasser, and his administratrix cannot recover of the railroad company for his death, caused by the derailment of the engine, in the absence of wanton negligence on the part of the railroad company, or its servants, with knowledge that the injury would be the probable consequence of such negligence.</p>