Illinois Central Railroad v. Emmerson
Mississippi Supreme Court
Erom the circuit court of Lincoln county. Hon. 'Moyse II. Wilkinson, Judge. Mrs. Emmerson, the appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erorn a judgment in plaintiff’s favor 'the defendant appealed to the supreme court. Emmerson was a conductor on a work train of the Illinois Central Railroad Company engaged in the maintenance of the road.
Read the full summary
Erom the circuit court of Lincoln county. Hon. 'Moyse II. Wilkinson, Judge. Mrs. Emmerson, the appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erorn a judgment in plaintiff’s favor 'the defendant appealed to the supreme court. Emmerson was a conductor on a work train of the Illinois Central Railroad Company engaged in the maintenance of the road. On the day of the accident two engines of said company had been derailed at a point on the line which was in the territory worked' by Emmerson’s train, and the trainmaster wired Emmerson to go there…
1Opinion of the Court
Whiteield, C. J.,
delivered tbe opinion of tbe court.
We are clearly of the opinion .that Emmerson brought his death upon himself by his own contributory negligence in the management and handling of his train. He had the caboose in front of the engine in going down to the place of the wreck, and kept it in front; a chain being fastened to the caboose and the derailed engine. The caboose, of course, operated to obstruct the view of the engineer. The coupling of the end of the tender, in its dilapidated condition, to the drawhead of the caboose of his own train, was made with a chain from ten to…
2Cited by1 opinion
- Illinois Central Railroad v. EmmersonMississippi Supreme Court · 1907