Evans v. Louisville, New Orleans & Texas Railway Co.

Citations

• 70 Miss. 527

Syllabus

<p>Railroads. Negligence. Fellow-servant. Engineer and brakeman. Const. 1890, § 193.</p> <p>A railroad company is not liable for injury to a brakeman resulting from negligence of the engineer, who, after signaling for brakes, caused a sudden start of the train, while the brakeman was applying the brakes in obedience to the signal. While thus engaged in their routine duties in the operation of the train, the engineer is not “the superior agent or officer,” or “person having the right to control or direct the services” of the brakeman, within the meaning of §193, constitution 1890, regulating the liability of railroad companies for injuries to employes.</p>