Wilson v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 66 Kan. 183
• 71 P. 282
• 1903 Kan. LEXIS 25

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Railroads — Injury to Trespasser. As a general rule, a railroad company owes no duty to trespassers who jump on and off its moving trains for the purpose of stealing rides, except not recklessly or wantonly to injure them after their peril is discovered.</p> <p>2. -Boy Twelve Years Old Held Responsible. An intelligent boy, twelve years of age, who wa's familiar with the running of railroad-trains, and who knew and appreciated the danger 'of getting on and off a moving train, climbed upon a slow-moving train and was injured while'getting down from one car and attempting to climb upon another. Held, that he was a conscious trespasser and responsible for his own negligence and injury.</p> <p>3. -Previous Experience not an Invitation. The fact that the plaintiff and other boys had previously jumped on and off the ears of the company, without remonstrance from the employees of the company, did not amount to an invitation from the company to plaintiff to hop on and off its moving trains thereafter, nor make the company liable for an injury resulting from such reckless conduct.</p>