Gulf & S. I. R. v. Ellis

Citations

• 126 Miss. 660
• 88 So. 489

Syllabus

<p>1. Railroads. Not Haile for injuries from shipper’s act in moving car.</p> <p>Where a shipper ordering freight shipped in carload lots orders or directs the carrier to place the car at the first door of his warehouse, on a house track of the carrier, and where there is no dispute as to language used, but there is a contention as to the meaning of the words used, and the carrier places the car at a door which it understood to be the first door, which understanding is a reasonable interpretation of the language used, and fastens the brakes and makes the car secure for unloading where it is, and where there is no complaint made by the shipper to the carrier that the car is not properly placed, but shipper, undertakes to move-the car and releases the brakes and removes the car, and in so doing injures an employee, the carrier is not liable for such injury, and is entitled to a peremptory instruction.</p> <p>2. Railroads. Moving of car iy person injured proximate cause of injury.</p> <p>In such case a carrier is not responsible to third persons not in its employment and to whom it owes no duty for defect in the brakes. The proximate cause of the injury is not the negligence of the carrier, or the defect in the brakes, but the proximate cause is the act of the injured person in moving the car and releasing the brakes and chock which secured the safety of the car as placed for unloading.</p>