Dixon v. Southern Railway Co.

Citations

• 111 Miss. 144
• 71 So. 306

Syllabus

<p>1. Railroads. Injury to persons on trade. Persons entitled to benefit of loolcout. Evidence. Sufficiency.</p> <p>Under Shannon’s Code, Tennessee, sections 1574-1576, requiring a constant lookout by engine crews of railroads and proof thereof by the company in order to escape liability, in an action against a railroad for death of one killed by a train, plaintiff must show, not only that deceased was killed by the running of locomotive or cars of defendant, but also that deceased appeared as an obstruction on the track when killed.</p> <p>2. Same.</p> <p>Evidence that deceased was found dead on the defendant’s right of way six or eight feet from the track, bruised and broken, that the weeds were bent as if he had been thrown, and that several trains had passed since he was last seen going up the track at night, was sufficient to sustain the conclusion that deceased appeared as an obstruction upon the railroad track when struck by a train.</p>