Howd v. Mississippi Central R. R.
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. O. Davis, Judge. The facts in this case are fully stated in the opinion of the court. It is conceded on all hands that it is the duty of a railroad company to construct its road so as to be safe. The instructions of the defendant below concede this point. We insist that the same duty devolves on the company to keep its road in repair that controls it in its construction.
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Error to the Circuit Court of Marshall County. Hon. O. Davis, Judge. The facts in this case are fully stated in the opinion of the court. It is conceded on all hands that it is the duty of a railroad company to construct its road so as to be safe. The instructions of the defendant below concede this point. We insist that the same duty devolves on the company to keep its road in repair that controls it in its construction. Why not? Precisely the same agencies are employed in both; the same materials are used; compensation for labor comes from the same source, and the same great duty to the…
1Opinion of the CourtSiMRALL, J.
This suit was brought by E. M. Howd, widow, against the Mississippi Central R. R. Co., to recover damages for the loss oí the life of her husband from injuries received by the running off, and breaking of a portion of the cars of the company ; William W, Howd, the husband, was a conductor, in the employment of the defendant, and was acting in that capacity on the train at the time the casualty occurred, causing his death.
The first count alleges that the company did not use due and proper care to have and keep its railroad in good repair and condition, but suffered and permitted its railroad…
2Cases cited5 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
3Cited by5 opinions
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Louisville, New Orleans & Texas Ry. Co. v. PettyMississippi Supreme Court · 1889
- Meridian Laundry Co. Inc. v. JamesMississippi Supreme Court · 1940
- Morgan Hill Paving Co. v. MorrisMississippi Supreme Court · 1931
- Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885