The plaintiffs are the wife and children of one Thomas White, who was killed in an accident happening to one of the defendant's railway trains. The train in question was a logging train, not used for carrying passengers, but persons were allowed to ride thereon without charge. It appears from the uncontradicted proof that the train was run at a slow rate of speed, and that the accident happened in consequence of a burning trestle. *133Such persons as desired to ride on this train were carried upon a flat-car, but the deceased, with a companion, took his seat on a chain box on the rear of the tender. A notice was conspicuously posted warning people against riding on the chain box, as it was considered by the company a dangerous place. It also appears that the deceased was notified by the brakeman to leave the chain box and take a position on the flat-car, which he did, but afterwards returned to the box, and was there when the accident happened whereby he lost his life. It also appears that persons riding upon the flat-car escaped without , injury, by jumping at the time of the accident. Upon this state of facts, the lower court granted a non-suit, and the plaintiffs have appealed. We think the non-suit was properly granted, and the judgment is affirmed.