Illinois Central R. R. v. Haynes

Citations

• 63 Miss. 485

Syllabus

<p>1. Evidence. Damage from delay of train. Declaration of conductor on another. train. Competency of.</p> <p>H. shipped a carload of cattle by the I. C. R. R. Co. from Kosciusko to New Orleans. The train was delayed by being overloaded aud having a broken engine, and during such delay W., who had cattle on the same train, applied to a conductor of another train on the same road, which was about to pass them at Durant, to take the oars containing his and H.’s cattle on to New Orleans. The conductor responded, “Damn you and your cattle; I am not going to take either.” In an action brought by H. against the railroad company for damages occasioned by the delay of the train transporting his cattle, W. was introduced as a witness for the plaintiff to prove the response above quoted. Held, that such testimony was irrelevant and inadmissible.</p> <p>2. Railroad Comp ant. Carrying live stack. Character of, ears required.</p> <p>A railroad company in the carriage of live stock is not required to use the safest and best motive power, with the best appliances in use, but is only required to use such cars and motive power and appliances as are suitable, safe, and sufficient.</p>