Illinois Cent. R. v. Ash

Citations

• 128 Miss. 410
• 91 So. 31

Syllabus

<p>• Railroads. Injury to trespasser during storm held not actionable.</p> <p>A railroad company owes no duty to a trespasser on its track, except not to willfully or wantonly injure him after discovering his presence there, and where a trespasser, who was walking on the track during a severe storm, was killed by a passenger train, and the engineer and fireman testified that on account of the torrential rain which was being driven against the windows of the cab, and the accumulation of mist and water on the glass of these windows, their view was entirely obstructed, and it was impossible to see a person on the track, and that for that reason they could not and did not see the deceased on the track, and where all the facts and circumstances of the killing are in evidence, and there is nothing in the evidence to contradict or discredit the testimony of the engineer and fireman, the jury should be peremptorily instructed to find for the defendant.</p>