Lake Shore & Michigan Southern Railway Co. v. Peterson

The appellee sued and recovered against the appellant for personal injuries alleged to have been sustained while being ejected from the' appellant’s freight train. The complaint disclosed no relation of passenger and carrier and alleged no right or authority in the appellee to go or remain upon the appellant’s freight train, but proceeded upon the theory that the appellee was a trespasser. While so upon the train, it was alleged, one George Harris, appellant’s rear brakeman on said train, ordered appellee from said train, while the same was running at a rate of speed rendering it dangerous…