Shea v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Respondents contend that the question in this case is whether there is credible evidence to sustain the findings that the conductor of the train was negligent as to lookout and warning. In passing on this question, it is necessary to determine what right, if any, the respondent had to place himself in the position he was in and what duty the conductor failed to perform to be guilty of causal negligence.

Allowing for the tender age of the respondent, it must be conceded that he had no right tO’ crawl under the train even though it was stationary at the time he attempted to do so. He had never…