Dantzler Shipbuilding & Dry Docks Co. v. Hurley

Citations

• 119 Miss. 473
• 81 So. 163

Syllabus

<p>1. CaRkíebs. Carriage of passengers by automobile truck. Breach of contract.</p> <p>An employer who conveyed his employees to and from their homes in an automobile truck for a small stipend, did not breach his contract of carriage by stopping his truck a few yards beyond his employee’s gates instead of directly opposite, where no in-pediments or inconvenience were in the way- of his getting into his home from where the truck was stopped.</p> <p>2. Same. ,</p> <p>In such, case the employer was not liable for the death of an employee, who' jumped from the moving truck when the truck driver failed to stop his truck directly opposite the employee’s gate. In such case the efficient and proximate cause of the injury causing death was the voluntary act of the employee in jumping from the truck and not the negligence of the driver.</p> <p>3. Same.</p> <p>In such case the fact that the driver of the truck stopped a few yards beyond the employee’s gate was not negligent, although his custom was to stop in front of the gate.</p>