Richardson v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

BURCH, J.:

The plaintiffs sued for damages resulting from the death of their son, who was killed while trespassing on one of the defendant’s trains. A demurrer was sustained to their evidence, judgment was rendered against them, and they appeal.

It is conceded that the defendant owed no duty to the deceased except not to injure him wantonly. The boy was nearly 16 years old, intelligent, strong, in good health, used to outdoor work, and able to earn $1.50 per day during harvesting and threshing. He lived with his parents two and one-half miles from the Le…