Mississippi Central Railroad v. Hardy
Mississippi Supreme Court
Prom the circuit court of, second district, Perry county. Hon. William T. McDonald, Judge. Hardy, the appellee, was plaintiff in the court below; the railroad company was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was for personal injuries sustained by appellee by reason of the derailment of appellant’s locomotive on which appellee was working as a fireman at the time of the injury.
Read the full summary
Prom the circuit court of, second district, Perry county. Hon. William T. McDonald, Judge. Hardy, the appellee, was plaintiff in the court below; the railroad company was defendant there. Prom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was for personal injuries sustained by appellee by reason of the derailment of appellant’s locomotive on which appellee was working as a fireman at the time of the injury. Appellee was engaged in his duties as fireman and was on the tender of the locomotive when it became derailed and appellee was caught between the…
1Opinion of the CourtWhitfield, C. J.
A patient and careful examination of the entire testimony in this record makes it perfectly obvious that the proximate cause of the injury was the split switch and the defective trucks and flange. The rails did not fit. They had to be knocked together. After they were locked they still did not fit. The trucks were out of order, and the flange of the wheel worn. The derailment was caused by the improper condition of the track at the switch point and the defective trucks and flange. It was the undelegable duty of the master to have the track in safe condition. A careful and repeated examination…
2Cases cited6 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Illinois Central Railroad v. AbramsMississippi Supreme Court · 1904
- McMurtry v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1890
- Southern Railway Co. v. McLellanMississippi Supreme Court · 1902
- Louisville, New Orleans & Texas Ry. Co. v. SuddothMississippi Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sandifer Oil Co., Inc. v. DEWMississippi Supreme Court · 1954
- Masonite Corp. v. LochridgeMississippi Supreme Court · 1932
- Yazoo & Mississippi Valley Railroad v. ByrdMississippi Supreme Court · 1906
- Williams v. StateMississippi Supreme Court · 1909
- Illinois Central RR Co. v. CoussensMississippi Supreme Court · 1955
12 more not listed; retrieve them via the Exa API.