Illinois Central Railroad v. Daniels
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. C. II. Campbell, Judge. This was an action for damages, brought by J. M. Daniels, a conductor and foreman of a construction train, for personal injuries sustained by him, and alleged to have been caused by the failure of the defendant railroad company to provide suitable and safe cars for the transportation of earth, gravel and ■other materials necessary for the repairing of its roadway, and its failure to have such cars…
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From the circuit court of Holmes county. Hon. C. II. Campbell, Judge. This was an action for damages, brought by J. M. Daniels, a conductor and foreman of a construction train, for personal injuries sustained by him, and alleged to have been caused by the failure of the defendant railroad company to provide suitable and safe cars for the transportation of earth, gravel and ■other materials necessary for the repairing of its roadway, and its failure to have such cars periodically inspected by skilled mechanics, to ascertain if they were in suitable condition for safe use, and to send such as…
1Opinion of the CourtCooper, C. J.
Upon the showing made by the appellee himself, the court should have instructed the jury to find for the defendant, for the reason that the injury sustained by the plaintiff resulted from his putting the appliance supplied by the defendant in an improper manner to a use for which it was not intended.
A large plow, to be pulled along the tops of the cars, and drawn by a wire cable attached to two engines, was used by the company to unload earth from the cars. When the train was at work around a curve, shives or ground wheels were used, which were fixed to the inside of a car or cars between the…
2Cited by1 opinion
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