Ward v. Southern Railway Co.

BbogdeN, J".

Is a railroad company liable in damages for tbe killing of an employee by trespassers and thieves who come upon a freight train to steal coal therefrom ?

The plaintiff plants the right of recovery upon two grounds: First, that the engineer of the train did not blow the whistle, stop the train or jostle the cars and thus prevent the thieves from climbing upon the train; second, that thieves had been stealing coal from the defendant and climbing upon its freight trains for such purposes for thirty years, and that the defendant had failed and neglected to take proper precaution to…