New Orleans & N. E. R. Co. v. Miles

Appellees, the widow and children of Harvey Miles deceased, instituted an action in tort against defendants alleging that by their negligence the deceased was fatally injured by a cut of loaded coal cars being backed in a switching* operation across and beyond 33rd Avenue in the City of Meridian. The declaration, when analyzed, alleges that the decedent was struck either (1) at the crossing, or (2) in close proximity thereto, or (3) at some point in close proximity to a well beaten and frequently traveled path extending in a westerly direction alongside the switch track; and the negligence…