Crawley v. Richmond & Danville Railroad
Mississippi Supreme Court
From the circuit court of Webstar county. Hon. C. H. Campbell, Judge. In May, 1891, Mike Crawley, a young unmarried man, was struck and killed by a locomotive attached to one of appellee’s passenger-trains, and this action was instituted by Mary Crawley, his mother, to recover for the loss of his services.
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From the circuit court of Webstar county. Hon. C. H. Campbell, Judge. In May, 1891, Mike Crawley, a young unmarried man, was struck and killed by a locomotive attached to one of appellee’s passenger-trains, and this action was instituted by Mary Crawley, his mother, to recover for the loss of his services. It is not controverted that plaintiff, as sole parent, dependent for a support upon the deceased, was entitled to recover if the accident occurred through the negligence of the railroad company, and without contributory negligence on the part of the deceased. The defense rests solely on the…
1Opinion of the CourtCampbell, C. J.
It is so clear that the unfortunate man who was killed contributed directly to his own death by his incautious and reckless action, that, the coui’t properly told the jury the plaintiff was not entitled to recover.
*344It is true that the defendant was guilty of a violation of law in the rate of speed at which the train was run, but this was causa sine qua non, while the causa causans was the imprudence of the person killed, so unmistakable as to authorize the assertion that he was the cause of his death.
We sympathize tenderly with the mother, who, in the death of her son, lost her means of…
2Cited by5 opinions
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