Dоminick 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 comрrehend the danger to which he was exposing himself, attempted to get upon the steps of a laddеr attached to a coal-car of the defendant’s-
There is no averment in the petition that the plaintiff had .•any business about the train or any connеction whatever with •the railroad company, nor that the presence of the plaintiff near the train or his attempt to swing upon it on the occasion of the injury was known to any of the employees in charge of the train, nor any averment which could be construed to charge that the injury Avas Avantonly inflicted upon the petitioner. The case,, briefly stated, as made by the petition, is simply this: A boy ten years оld sees a moving freight-train, attempts to swing upon the ladder attached to it while the train is in motion, loses-his hold, falls under the wheels, and is injured. The ground upon Avhich he seeks to make the company liable is, that he hаd been previously knoAvn by the employees of the company to be guilty of similar conduct. It is not prеtended in the- present ■case, so far as the allegations are concerned, that any agent oi'
Judgment affirmed.