Illinois Central Railroad v. Lee
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. J3. Chrisman, Judge. In the town of Wesson there is a switch of the Illinois Central railroad, known as the “ horn switch,” situated, except where it crosses the streets of the town, wholly on the lands of the Mississippi Mills Company.
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From the circuit court of Copiah county. Hon. J. J3. Chrisman, Judge. In the town of Wesson there is a switch of the Illinois Central railroad, known as the “ horn switch,” situated, except where it crosses the streets of the town, wholly on the lands of the Mississippi Mills Company. It was constructed many years ago, at the request of the mills company, by it and the railroad company jointly, and, while used as a regular switch of the railroad, it was mainly for the convenience of the mills in loading and unloading freight. Its use by the public as a foot-way was acquiesced i-n by the…
1Opinion of the CourtWoods, J.
Conceding, as must be done, that the use of the “horn” switch as a foot-way for twenty-six years was known to and permitted by the railroad company, and that the mother of the appellee was not a naked trespasser, we find ourselves no way advanced in our efforts to solve the real problem which the record before us presents, viz.: Was the deceased guilty of contributory negligence?
*898If she was a licensee, she must be held to have acquired no right to use the foot-way in total disregard of all prudence and caution. She was not authorized to cease to look out for herself when on the track, and…
2Cited by1 opinion
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