Givens v. Southern Railway Co.

Citations

• 94 Miss. 830
• 49 So. 180

Syllabus

<p>'Constitutional Law. Constitution 1890, sec. 193. Railroads. Master and servant. FeTlow-servants. Negligence. Constitution of TJnited States. Am. XXV. Laws 1908, oft. 194, p. 204.</p> <p>Constitution 1890, sec. 193, providing that every employee of any railroad corporation shall have the same rights and remedies for injury from the act or omission of the corporation or its employees allowed by law to persons not employees where it results from, the negligence of a superior agent or officer, or a person having the right to control or direct the services of the party injured, and when the injury results from the negligence of a fellow servant in another department of labor from that of the party injured or of a fellow servant on another train of cars, or one engaged about a different piece of work:—</p> <p>(а) Only applies to commercial railroads, railroads proper, carrying freight and passengers; since</p> <p>(б) The classification of such railroads is predicated of the inherent danger attending their operation, and if construed to embrace others the section would violate the fourteenth amendment to the constitution of the United States, securing an equal protection of the laws to all litigants; and</p> <p>(c) The employees of such railroad corporations proper can only recover of them when injured by reason of.the perils attending their operation; and</p> <p>(d) Hand cars are not more inherently dangerous than other modes of transportation not in any way connected with railroads proper and not used on the tracks of such railroads, and are not within, the section; and</p> <p>(e) The statute, 13aws 1908, ch. 194, p. 204, purporting to extend the protection of the_.section to a new class of employees, is prospective and furnishes no relief to an employee injured before its adoption.</p> <p>%. Same. Case.</p> <p>Where plaintiff, a laborer belonging to a railroad bridge crew, and his foreman were returning from work on a push car propelled by a lever car under the cont