Gulf & S. I. R. v. Dana

Citations

• 110 Miss. 666
• 70 So. 828

Syllabus

<p>1. Master and Servant. Injuries to servant. Questions for jury. Defective appliances. Constitutional provision.</p> <p>In a suit by a switchman against a railroad company for injuries resulting from defective couplers on cars the court Held that it was a question for the jury' under the facts as to whether or hot plaintiff was guilty of contributory negligence.</p> <p>2. Defective Appliances. Constitutional provisions.</p> <p>A yard foreman switchman does not come within the excepted class of employees. Under section 193 of the Constitution which provides that “knowledge by any employee injured of the defective, or unsafe character or condition of any machinery, ways, or appliances shall be no defense to an action for injury caused thereby, except as to conductor or engineers in charge of dangerous or unsafe ears on engines voluntarily operated by them..</p>