Underwood v. Western & Atlantic Railroad

Dominick Underwood by his next friend brought suit against the Western & Atlantic Railroad Company. The petition alleged, in substance, that petitioner, a child of ten years of age, and without the capacity to comprehend the danger to which he was exposing himself, attempted to get upon the steps of a ladder attached to a coal-car of the defendant’s-*49■freight-train, which was in motion, when his right foot: was • caught under the car-wheel, which passed over him, causing ser rious injuries. For a great length of time prior to the- injury he had been in the habit of climbing upon, riding on,…