Illinois Central Railroad v. Bowles
Mississippi Supreme Court
From the circuit court of the second district of Yalobusha county. Hon. William C. McLean, Special Judge. Action by Eda Bowles, as administratrix of the estate of her deceased husband, against the Illinois Central Railroad Company, to recover damages for personal injuries suffered by the intestate, who was employed as switchman or foreman of the yards of the defendant at Water Valley, Miss.
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From the circuit court of the second district of Yalobusha county. Hon. William C. McLean, Special Judge. Action by Eda Bowles, as administratrix of the estate of her deceased husband, against the Illinois Central Railroad Company, to recover damages for personal injuries suffered by the intestate, who was employed as switchman or foreman of the yards of the defendant at Water Valley, Miss. On November 4, 1891, a north-bound freight-train arrived at the yards with several defective or crippled cars billed to the Water Valley shops. The switch-list of the train was, by the yardmaster, under…
1Opinion of the CourtCooper, J.
The verdict and judgment in this cause find no support in law or in fact. There is no controverted fact in the whole record, and the court should have given the jury a peremptory instruction to find for the defendant. The unfortunate man whose death gave rise to the suit, brought destruction upon himself by failing to observe the slightest care in the discharge of his dangerous duty.- Nor is there, upon the whole record, any ground to impute negligence to the de fendant. If, in the prosecution of its business, it had used crippled cars, and an employe, required to handle such cars, had been…
2Cited by2 opinions
- Roberts v. Louisville & N. R.Court of Appeals for the Fifth Circuit · 1940
- St. Louis & S. F. R. Co. v. DelkCourt of Appeals for the Sixth Circuit · 1908