Boyd v. Alabama & V. Ry. Co.

Citations

• 111 Miss. 12
• 71 So. 164

Syllabus

<p>1. Carriers. Personal injury. Management of train. Passengers. Palling from train.</p> <p>Where the defendant railway company did not contract to carry a lunatic unaccompanied by a caretaker, and there was no evidence that the employees of the road anticipated any effort on the part of the lunatic to jump from the moving train, the fact that a window was left open near the lunatic from which he jumped while his caretaker was sitting in front of him with his back turned, did not show negligence on the part of the defendant.</p> <p>2. Carriers. Passengers. Management of train. Duty as to passengers falling from train.</p> <p>In such ease where the railway company did not know or have good reason to know that the lunatic was in fact seriously hurt or injured and could not have safely backed down to the place where he fell, but permitted the caretaker of the lunatic to leave the train to go back to his assistance, and in fact could not have prevented the death of the lunatic or have relieved his suffering by going back and taking him up, it was under no duty to back its train and take up such injured passenger.</p>