Fitzgerald v. Chicago, Burlington & Quincy Railroad

The action of the learned trial judge in instructing the jury to find a verdict for the defendant was clearly right.

The plaintiff was guilty of such negligence as bars a recovery. He is shown by his, own evidence to have been familiar with railway tracks,and with the running of cars thereon. He lived near this crossing. He had attended school for three years, and had reached the age of twelve years. He does not claim that he did not know that it was wrong and dangerous to attempt to climb upon a moving freight car. Of his own volition and for his own pleasure he put himself in this place of…