Illinois Central Railroad v. Greaves
Mississippi Supreme Court
From the circuit court of Madison county. Hon. W. H. Powell, Special Judge. This was a suit by appellee, Greaves, against the railroad company for the value of two horses killed on the track by the cars. The suit was begun before a justice of the peace, who decided the case in favor of defendant.
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From the circuit court of Madison county. Hon. W. H. Powell, Special Judge. This was a suit by appellee, Greaves, against the railroad company for the value of two horses killed on the track by the cars. The suit was begun before a justice of the peace, who decided the case in favor of defendant. The plaintiff, Greaves, appealed to the circuit court, and on the trial therein made out a prima facie case under the statute, code 1892, § 1808, which provides that proof of injury inflicted by the running of the locomotive or cars of a railroad company shall be prima facie evidence of the want of…
1Opinion of the CourtWoods, C. J.
The third instruction for the plaintiff was inapplicable to the developed facts of the case, and was erroneous. Under the *363circumstances attendant upon the killing of the horses, as shown by the evidence, it was not the duty of the agents of the company to drive the animals from the track — a feat palpably impossible of accomplishment. In proper cases, where the facts proven show that the danger was seen in time to have avoided doing injury, if reasonable skill and care had been exercised by the railroad’s servants operating and controlling the train, the charge -would be correct; but it was…
2Cited by4 opinions
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