Louisville, New Orleans & Texas Ry. Co. v. Cooper
Mississippi Supreme Court
From the circuit court of Coahoma county. HoN. B. W. WilliamsoN, Judge. Appellee, with two other women, was walking upon the track of appellant’s railroad and reached a trestle 212J feet long. She knew it was after the time for the passing of the passenger train and supposed it had passed, but admitted that she knew it was sometimes behind time.
Read the full summary
From the circuit court of Coahoma county. HoN. B. W. WilliamsoN, Judge. Appellee, with two other women, was walking upon the track of appellant’s railroad and reached a trestle 212J feet long. She knew it was after the time for the passing of the passenger train and supposed it had passed, but admitted that she knew it was sometimes behind time. After conferring as to the risk, the three started to cross the trestle, but when about half across they discovered that the train was approaching and was very near them. At its highest point the trestle was about twelve feet high, and near the ends…
1Opinion of the CourtCampbell, J.
This verdict is manifestly wrong — indeed it is without any support in the evidence, as we view it. The plaintiff was doubly guilty of contributory negligence, first, in going on the trestle as she did, and, secondly, in not jumping from it, when she saw the approaching train. She went upon the trestle, either stupidly, and careless of danger, or recklessly, calculating that she could go over it before a train should come. She was not far wrong in her calculation, if she made one, for she very nearly escaped hurt — another step or two would have saved her. The track of the railroad was level…
2Cited by1 opinion
- Southern Railway Co. v. PittmanMississippi Supreme Court · 1910