Chicago, St. Louis & New Orleans Railroad v. Doyle

Citations

• 60 Miss. 977

Syllabus

<p>1. Railroad. Killing of human being. Action. Comity between States.</p> <p>The right of action for damages for killing a husband given by the statute of Tennessee may he asserted in the courts of this State, because of the coincidence of that statute with ours and also because a right of action of a transitory nature created by the statute of another State, may be enforced here, if not in conflict with the public policy of this State.</p> <p>2. Same. Conflict of laws. Negligence in one State and accident in another.</p> <p>If the husband in such case, who is the engineer of a train running on a railroad through this State and Tennessee, be killed by a collision in Tennessee, the omission of a duty in Mississippi cannot transfer a consequence manifested physically in the other State, but the widow’s right is determined by the law of Tennessee.</p> <p>3. Same. Negligence of fellow-employees. Special service.</p> <p>The engineer by virtue of his employment took the risk of accidents caused by the negligence of his fellow-employees; and this accident resulting from disobedience of orders by the engineer of the other train, the widow cannot recover, although her husband, as was occasionally the case, was off of bis section of the road, when the collision happened.</p> <p>4. PEACTicm. Motion to exclude all plaintiff's evidence.</p> <p>Where it is clear beyond doubt that the court should not permit a verdict to stand on the state of facts proved by the plaintiff, assuming the truth of the testimony, and giving full force to every just inference from it, the court should not wait for a verdict, but should exclude the evidence or instruct the jury as to its insufficiency.'</p>