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· 10/15/1913

Illinois Central Railroad v. Causey

Citations

  • 106 Miss. 36
  • 63 So. 336

Syllabus

<p>1. Raileoads. Death. Excessive damages. Code 1906, section 4047. Baching train or engine. Passenger depot.</p> <p>Where a man twenty-eight years of age, in robust health and earning $100 per month was killed by the negligent operation of a railroad train and suit was brought for his death by his wife and their children, aged respectively six years, two years and six months, a verdict for twenty thousand dollars was not excessive. -</p> <p>2. Railroads. Operation. Baching trains or engine. Passenger depot. Code 1906, section 4047.</p> <p>Under Code 1906, section 4047 providing that it shall be unlawful to back a train or engine into or- along a passenger depot or within fifty feet thereof, at more than three miles an hour, without warning, and providing for damages for every injury inflicted, etc., the words “passenger depot” as used in the statute include in their meaning not only the building at the railroad company’s station, but also all passageways, walkways, or platforms prepared for the benefit of passengers, and used by them in boarding and getting off trains. So that where a backing engine killed one opposite a platform so used, extending from the depot building along the track for 181 feet, the railroad company was liable.</p> <p>3.- Same.</p> <p>A place may be a railroad passenger depot although there is no building at the railroad’s stopping place, but only platforms and passageways for passengers to get on and off the cars.</p>

Judges: Beed

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