Richmond & Danville Railroad v. Burnsed

Citations

• 70 Miss. 437

Syllabus

<p>1. Railroads. Shipment of live-stock. Transportation of shipper.</p> <p>A stipulation in the bill of lading of live-stock that the shipper designated in it may aceomxiany the stock on the freight-train free of charge can be availed of only by him. Another, though assisting the shipper, and claiming an interest in the stock, who, without procuring a ticket or tendering Ms fare, also boards the train with the shipper, intending to ride free, does not thereby become a passenger.</p> <p>2. Same. Trespasser on train. Injury to. Case.</p> <p>And if, soon after boarding a train, a collision is imminent, and, to avoid danger, such person leaps from the train, and is injured, he will not be held to have acquired the rights of a passenger, merely because he had entered the caboose with the shipper, without objection by the conductor, who merely expressed surprise that he also was going, it appearing that the conductor was busily occupied, and, up to the time of the accident, had not demanded his fare, or seen the bill of lading, or learned of such purpose to claim free passage under it.</p> <p>3. Railroads. Injury to trespasser. Liability for.</p> <p>In the absence of wantonness or wilfulness on the part of the servants of a railroad company, it is not liable for injury to trespassers, whether in its train or on its track.</p>