Southern Pacific Railway Co. v. Kennedy

JAMES, Chief Justice.

— We conclude, as matters of fact, that plaintiff Kennedy, against the order of the conductor, got into a coal car as appellant’s freight train was leaving El Paso, for the purpose of being carried west. Being detected when several miles out, the conductor ordered him to leave the train. After appealing to the conductor to be allowed to ride until the top of the grade was reached, so that he could return to El Paso on the helper engine, he was peremptorily told to get off. He then got down on the rear end of the west side of the coal car until he took a position standing…