Farquhar v. Alabama & Vicksburg Railway Co.

Citations

• 78 Miss. 193

Syllabus

<p>1. Railroads. Fellow-servants. Engineer. Yardmaster. Constitution 1890, see. 193. Code 1893, g 3559. Laws 1898, p. 84.</p> <p>The engineer of a switch engine is not a superior agent or officer of the railway company to a yardmaster of the same company, within constitution 1890, sec. 193, and code 1893, g 3559, as amended, laws 1898, p. 84, modifying the common law fellow-servant rule.</p> <p>3. Same. Constitutional recognition.</p> <p>The constitution of 1890, sec. 193, having modified the fellow-servant rule in part, and authorized the legislature to further modify it, thereby recognized so much of it ás has not been abrogated by that instrument or subsequent legislation.</p> <p>3. Same. Death. Cause of action for. Lord Campbell’s act. Laws 1898, p. 84.</p> <p>The next of kin of a yardmaster cannot recover of a railroad company for his death, caused by the negligence of the engineer of a switch engine operating in the same yard with the decedent.</p> <p>4. Same. Speed in municipalities. Contributory negligence. Code 1893, g 3546. Laws 1896, p. 76.</p> <p>The act of 1896 (laws 1896, p. 76), amending code 1892, g 3546, by repealing that portion of the code section which imposed a fine on railroad companies for running their trains within a municipality at a greater rate of speed than six miles per hour, does not deprive such companies of the defense arising out of the contributory negligence of a party injured by a train running at an unlawful speed. Collins v. Illinois, etc., B. B. Co., 77 Miss., 855, approved.</p>