Louisville, New Orleans & Texas Ry. Co. v. Petty
Mississippi Supreme Court
From the circuit court of Wilkinson county. Hon. Ralph North, Judge. Appellee, Petty, a brakeman in the employ of the Louisville, New Orleans & Texas Railway Company, brought this suit in the court- below, to recover of said company damages for an injury received by him while in the discharge of his duties as brakeman on a south bound freight train November 8, 1888. The injury occurred about sixty miles south of Vicksburg, between that place and Wilson, La., at a point where…
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From the circuit court of Wilkinson county. Hon. Ralph North, Judge. Appellee, Petty, a brakeman in the employ of the Louisville, New Orleans & Texas Railway Company, brought this suit in the court- below, to recover of said company damages for an injury received by him while in the discharge of his duties as brakeman on a south bound freight train November 8, 1888. The injury occurred about sixty miles south of Vicksburg, between that place and Wilson, La., at a point where there is quite a heavy grade. The testimony shows that there was difficulty in getting over this grade, and the engine…
1Opinion of the CourtCampbell, J.
The evidence tends to show that the injury received by the appellee was caused by the want of sand in sufficient quantity in the sand box on the engine, but there is no evidence how it came about that the supply of sand was insufficient. Whether the engine *259was furnished properly, in this respect, at the start, and had exhausted the supply, or started unfurnished, does not appear. If the latter be true, it was because of the failure of duty of that servant of the company whose duty it was to fill the sand box suitably, and for an injury suffered by reason of the negligence of such…
2Cases cited2 opinions
- N. O., J. & G. N. R. R. Co. v. HughesMississippi Supreme Court · 1873
- Howd v. Mississippi Central R. R.Mississippi Supreme Court · 1874
3Cited by3 opinions
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Millsaps v. Louisville, New Orleans & Texas Ry. Co.Mississippi Supreme Court · 1891
- Wallace v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904