Brookhaven Lumber & Mfg. Co. v. Illinois Central R. R.

Citations

• 68 Miss. 432

Syllabus

<p>1. Railroads. Negligence. Sudden danger. Efforts'to stop train.</p> <p>By the wrongful act of some one unknown, a switch leading upon a side track was left open, and, beyond this on the side track another switch was misplaced. At night the engineer of a passenger train, running on the down-grade 35 miles an hour, at a distance of 300 feet, saw that the first switch was open and promptly applied the air brakes, but the train rushed upon the side track, was derailed at the second switch and ran into a mill shed, which would not have been struck but for that switch, which the engineer did not see. In an action against the company by the owner of the property destroyed by fire communicated in the collision, held, that it was proper to refuse an instruction that the jury should find for plaintiff if the engineer discovered the first open switch • at a sufficient distance to have stopped the train before the collision, and failed to resort to such appliances as if resorted to would have prevented the collison.</p> <p>2. Same. Emergency. Duty of engineer. Cause of accident. Error of charge.</p> <p>The error of the above instruction is in requiring of the engineer, in a moment of sudden peril,, the prudence and self-possession in action to be expected of one under totally different circumstances ; and, further, in assuming that he could anticipate the misplacement of the second switch and consequent derailment, this being the efficient cause of the injury.</p> <p>3. Same. Sudden peril. Exercise of judgment. Efforts to prevent collision.</p> <p>If the engine, train and appliances were in good condition, and the engineer, in the discharge of his duty, was suddenly confronted with difficulty and danger impossible to anticipate, he was only required to act with reference to what he then saw and knew. The company is not liable for his failure, in such emergency, to exercise cool'and unembarrassed judgment. If he did the best be could situated as he was, nothing more could be