Henderson & Mathis v. Hines

Citations

• 121 Miss. 339
• 83 So. 589

Syllabus

<p>1. Railroads. Engineer required to keep lookout for stock on unfenced track in pasture.</p> <p>An engineer, operating a locomotive on an uninclosed track through an inclosed pasture, is required to keep a lookout for stock while not engaged in other duties, and not merely to exercise reasonable care after discovery of the stock on the track in a place of danger, since the stock in such case are not trespassers on the track.</p> <p>2. Appeal and Error. Erroneous instruction on ■damages harmless where verdict for defendant.</p> <p>In an action against a railroad for the death of a mule an instruction on comparative negligence was harmless where the verdict was for the defendant.</p> <p>3. Negligence. Comparative negligence inapplicable to injury to animal by railroads.</p> <p>The comparative negligence statute has no application to injury of personal property.</p>