Abernathy v. Mobile, Jackson & Kansas City Railroad

Citations

• 97 Miss. 851
• 53 So. 539

Syllabus

<p>Railboads. Injury to servant. Defective ear. Negligence. Contributory negligence. Questions for jury.</p> <p>“Where a railroad company used as a caboose a condemned box car, and a strong and active flagman, having a small stick and a little package in bis bands, attempted to board it while it was moving at the rate of three or four miles an hour and fell in so doing, receiving injuries from the effect of which be died, and suit was brought for bis alleged wrongful death, the questions of the company’s negligence in not furnishing a reasonably safe caboose, and decedent’s contributory negligence in attempting to board the car with the articles in bis bands were for the jury. •</p>