Thompson v. Yazoo & Mississippi Valley Railroad

Citations

• 72 Miss. 715

Syllabus

<p>1. Raileoads. Evidence. Custom of trespassers to board moving trains.</p> <p>In an action against a railroad company for injui’ies sustained by plaintiff, a boy thirteen years old, who was a trespasser on a moving freight train and jumped therefrom and was hurt, it is competent for defendant to show that plaintiff and his companions were in the habit of getting on and off its moving trains with safety, this evidence being material on the question whether the conductor might reasonably have presumed that plaintiff could alig’ht with safety, and whether the conductor exercised ordinary care.</p> <p>2. Same. Moving train. Compelling trespasser to alight. Negligence.</p> <p>It is for the jury to say whether defendant’s conductor was wantonly and wilfully negligent in ordering plaintiff to get off the moving train, it appearing- that he was in the habit of getting on and off defendant’s running trains; that several other boys, his companions, had just alighted with safety, and that the train was going slower than usual when he got off.</p>