Matthews v. New Orleans & Northeastern Railroad
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Kobert F, Coci-iran, Judge. Matthews, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages for the alleged wrongful death of William Matthews, a brakeman in the employ, of the defendant railroad company, who was killed while engaged in setting out certain cars of a freight train which were being moved onto a side track at Garriere, Miss.
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From the circuit court of Lauderdale county. Hon. Kobert F, Coci-iran, Judge. Matthews, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages for the alleged wrongful death of William Matthews, a brakeman in the employ, of the defendant railroad company, who was killed while engaged in setting out certain cars of a freight train which were being moved onto a side track at Garriere, Miss. There were no eyewitnesses to the accident, deceased was found under the train, too nearly dead to make any statement as to how his…
1Opinion of the CourtFletcher, J.
There was evidence offered in this case on behalf of the plaintiff tending to show that Matthews, who was a brakeman in the employ of the defendant company, was killed by a slowly backing train while engaged in setting out a car on an industrial *338track at Garriere; that the coupling appliances on the particular car being handled were so defective as to require the flagman to go between the cars in order to do the uncoupling; that the defendant company had some of its frogs blocked and some unblocked, and that the frog at the point where the accident happened was unblocked on the day of the…
2Cases cited1 opinion
- White v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1894
3Cited by3 opinions
- Robertson v. Mississippi Valley Co.Mississippi Supreme Court · 1919
- MISSISSIPPI EXPORT RAILROAD COMPANY v. TempleMississippi Supreme Court · 1972
- Woodruff v. BrightMississippi Supreme Court · 1936