Lee v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Mason, J.:

Ingalls X. Lee sued the Missouri Pacific Railway Company for injuries received in alighting or falling from a fiat car of a freight-train on the *403road of that company. His claim was that the defendant was responsible on account of the refusal of an employee to protect him from injury, after discovering him in a place of danger. The trial court sustained a demurrer to the evidence, and the plaintiff brings this proceeding to reverse such ruling.

Plaintiff testified in his own behalf. He was at the time eleven years of age. Upon cross-examination…