Frazee Ex Rel. Frazee v. St. Louis-San Francisco Railway Co.

The opinion of the court was delivered by

Schroeder, J.:

This is a damage action wherein David Frazee (plaintiff-appellant) seeks to recover for injuries sustained by his minor son, Randal Frazee, when Randal attempted to board a moving freight car on the railroad tracks of the St. Louis-San Franoisco Railway Company (defendant-appellee). Upon stipulated facts the trial court found Randal to be a trespasser and sustained the. defendant’s motion for summaiy judgment.

The primary thrust on appeal is an attempt to persuade this court to overrule its prior decisions and replace the premises doc…