White v. Peninsular, Railway Co.
White v. Peninsular, Railway Co.
Opinion of the Court
The plaintiffs are the wife and children of one Thomas White, who was killed in an accident happening to one of the defendant's railway trains. The train in question was a logging train, not used for carrying passengers, but persons were allowed to ride thereon without charge. It appears from the uncontradicted proof that the train was run at a slow rate of speed, and that the accident happened in consequence of a burning trestle.
Reference
- Full Case Name
- Mary A. White v. Peninsular, Railway Company
- Status
- Published
- Syllabus
- CARRIERS—INJURY TO LICENSEE—CONTRIBUTORY NEGLIGENCE. Where a logging train carries passengers without charge, and requires them to ride upon a flat-car, a licensee who seats himself upon the chain box on' the rear of the engine-tender, though warned against riding there by a brakeman and by a notice conspicuously posted, cannot recover for injuries received through the negligence of the railway company in precipitating its train through a burning trestle, when the passengers riding upon the flat-car escaped uninjured, by jumping at the time of the accident.