Cantrell v. Kansas City, Memphis & Birmingham Railroad

Citations

• 69 Miss. 435

Syllabus

<p>1. Railroads. Injury to stock on track. Appliances. Seasonable care.</p> <p>Railroad companies, in running trains, are not required to provide air-brakes and a large corps of employes, and to exercise the utmost care to prevent injury to animals at large and upon the track; but are held to such reasonable care as a prudent person engaged in the same business would use to prevent injury. Sailroad Oo. v. Miller, 40 Miss., 45.</p> <p>2. Same. Extraordinary diligence; when not required.</p> <p>In an action against a railroad company for killing by a running train a horse that was at large and upon the track, it is error to instruct that if the engineer, on seeing the animal, failed to ring the hell, blow the whistle, reverse the engine and do every thing in his power, in the ordinary and diligent discharge of his duty, to prevent the injury, the plaintiff should recover.</p> <p>3. Practice. Peremptory instruction; when improper.</p> <p>In cases of sharp and not immaterial conflicts in the evidence, it is proper to refuse a peremptory instruction.</p>