Negligence, Licensee. A boy eight years of age, who with another boy enters an empty railroad car used for the transportation of milk to fill a bag with pieces of ice by permission of an agent or manager of a milk company, that leases from the railroad corporation the premises adjoining the track on which the car is standing, and is injured by reason of the car being started suddenly by servants of the railroad corporation, is in the relation toward the railroad corporation of a mere licensee at the most, and cannot maintain an action for his injuries against that corporation in the absence of evidence of wanton or reckless conduct on the part of its servants.
HAMMOND, J.
These are two actions of tort, the first being for personal injuries sustained by a minor, and the second by his father for loss of services of the minor. The actions were tried together.
There is no evidence that the minor was invited into the car by any one representing or having the right to act for the defendant; and he was therefore at the most a mere licensee. The measure of the defendant's duty was to refrain from wanton or reckless conduct tending to injure him. There was no evidence of such conduct.
The order directing verdicts for the defendant was correct. In each case the entry must be
Exceptions overruled.