Natchez & Jackson R. R. v. McNeil
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Whartón, Judge. 'The facts are stated in the opinion. In R. R. Co. v. Patton, 31 Miss. 182, the court says: “ The law imposes upon such companies the greatest strictness in providing all things necessary to the safety of passengers which care, skill, and foresight require.” This is the extent to which our court has gone.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Whartón, Judge. 'The facts are stated in the opinion. In R. R. Co. v. Patton, 31 Miss. 182, the court says: “ The law imposes upon such companies the greatest strictness in providing all things necessary to the safety of passengers which care, skill, and foresight require.” This is the extent to which our court has gone. It is not true as a proposition of law that the railroad companies of the country are to have the “ best appliances for the management of their trains.” They are bound to furnish reasonably safe and convenient means…
1Opinion of the CourtCooper, J.
This is an action to recover the value of certain stock killed by the train of the appellant. On the trial the defendant placed upon the stand as a witness the engineer who had charge of the train by which the stock was killed, and by him proved that the equipments of the train were such as are usual and sufficient. On cross-examination he stated that the train was not supplied with air brakes and that by the use of such brakes a train could be more readily stopped than by those in use by the company.
The plaintiff asked and obtained from the court the following instruction : “Eailroad…
2Cases cited1 opinion
- Bartley v. Georgia RailroadSupreme Court of Georgia · 1878
3Cited by2 opinions
- Henderson & Mathis v. HinesMississippi Supreme Court · 1919
- Illinois Central R. R. v. HaynesMississippi Supreme Court · 1886