Howard v. Louisville, New Orleans & Texas Ry. Co.
Mississippi Supreme Court
From the circuit court of He Soto county. Hon. W. M. Rogers, Judge. The appellant, W. E. Howard, brought this suit against the Louisville, New Orleans & Texas Railway Company, to recover the value of a mare killed by one of its trains. There is no material conflict in the evidence.
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From the circuit court of He Soto county. Hon. W. M. Rogers, Judge. The appellant, W. E. Howard, brought this suit against the Louisville, New Orleans & Texas Railway Company, to recover the value of a mare killed by one of its trains. There is no material conflict in the evidence. The witnesses for the plaintiff testified that the tracks of the animal came upon the railroad at a point nine hundred and seventy-five yards from the cattle-guard where it was overtaken and run over by the train; that these tracks showed that the mare was running with rapid and constantly accelerated speed, and…
1Opinion of the CourtCampbell, J.
The engineer and fireman were both engaged at their duties on the engine, and neither saw the animal on the track. While a look-out should be kept when running, it is not want of proper care for the servants of the company to give needed attention to their primary duty, which is the operation of the engine; and the fact that, for a short time, neither the engineer nor fireman was looking out for animals on the track did not make the company liable for the death of the animal killed. Upon the undisputed facts, the judgment of the law is that the loss of the mare should fall on her owner rather…
2Cited by3 opinions
- Mobile O.R. Co. v. JohnsonMississippi Supreme Court · 1930
- Southern Ry. Co. v. ColtonTennessee Supreme Court · 1917
- Granby v. Michigan Central RailroadMichigan Supreme Court · 1895