Richardson v. Missouri Pacific Railway Co.

Citations

• 90 Kan. 292
• 133 P. 535
• 1913 Kan. LEXIS 205

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespasser — On Railroad Train — In Dangerous Situation— Duty of Conductor. If the conductor of a freight train knows that a trespasser riding upon one of the cars is in a situation in which his safety would be imperiled by the continued movement of the train and that he is not able to protect himself it is the conductor’s duty .to take reasonable precautions to avoid the threatened injury, and an omission to do so indicates that indifference to consequences which is designated as wantonness.</p> <p>2. - Evidence — Does Not Show Conductor Acted Wantonly. The evidence examined and held that the conductor of one of the defendant’s freight trains did not act wantonly in failing to stop the train to remove a boy nearly sixteen years old who was riding upon the ladder of one of the cars.</p>