Morris v. Lusk

The opinion of the court was delivered by

Johnston, C. J.:

A passenger train of the defendants struck and killed the two-year-old son of plaintiffs, and they brought this action to recover damages for his death. From a judgment in their favor, the defendants appeal.

The place where the accident occurred is in a neighborhood of several villages or country settlements where the track of the railroad runs north and south. The child wandered from his home and upon the railroad’s private right of way, which was near by. He was struck when he was at a point about 150 feet south of a much used public…