Howard v. Louisville, New Orleans & Texas Ry. Co.

Citations

• 67 Miss. 247

Syllabus

<p>Railroads. Negligence. Duty of engineer and fireman.</p> <p>While a look-out should be kept from the locomotive of a running train, the primary duty of the engineer and fireman on the engine is to properly operate it. If, while the fireman is stoking the engine, the attention of the engineer is engaged in repairing a necessary part of the machinery that has become deranged, so that during a short time no look-out is kept, and an animal is killed on the track without being seen, this is not want of proper care, and the company is not liable for the death of the animal.</p>