Kemp v. Chicago, Rock Island & Pacific Railway Co.

*478The opinion of the court was delivered by

Benson, J.:

This is an action to recover damages for the death of the plaintiff’s minor son killed by the defendant’s brakeman.

The material facts are that the plaintiff’s son, Doan Kemp, and two other young men, trespassing on one of the defendant’s trains, rode from Lebanon to Bellaire without paying fare. When the train stopped at Bellaire, about 10 o’clock P. M., they alighted and stood together on the platform, intending to board it again and ride farther west, still beating their way. Their purpose in stepping off was that they might get together…