Adams v. Yazoo & M. V. R.

Citations

• 115 Miss. 865
• 76 So. 733

Syllabus

<p>1. Carriers. Passenger trains. Passenger depot. Code 1906 sec. 4867.</p> <p>Where the train upon which plaintiff took passage carried passengers and took on passengers at a point and time in question, it was a passenger train within the meaning of Section 4867, Code 1906, providing that every railroad shall keep rooms open for the reception of passengers at all passenger stations at least one hour before the arrival and one-half hour after the departure of passenger trains; and all reception rooms shall be made comfortable and properly heated.</p> <p>2. Carriers, Station. Duty of carrier.</p> <p>Where a station was a regularly established station and the railroad company had a waiting room for passengers and sold tickets, checked baggage, etc., at that point and trains stopped there for passengers on flag and frequently without flagging, plaintiff, an intending passenger, had a right to rely thereon.</p> <p>3. Carriers. Owe of station. Passenger station.</p> <p>Since under Code 1906, section 4867, so providing, carriers are required to keep “all passenger stations” open and comfortably heated for intending passengers, a regularly established station did not cease to be such within the meaning of the statute because some of its trains only stopped on flag, and the company having invited the public to take passage at that point, it was its duty to keep its waiting rooms open and comfortably heated for passengers about to take its trains.</p>