Illinois Central Railroad v. Comfort

Citations

• 97 Miss. 871
• 53 So. 422

Syllabus

<p>1. Railroads. Master and Servant. Rules of company. Construction.</p> <p>A rule of a railroad company requiring enginemen to respond promptly to signals of flagmen, and providing that they must not pass the flagmen until they ascertain the reason for being flagged, is complied with, where a freight train of thirty-two cars, with good appliances and operated by a competent engineer, stopped when the engine, tender, and three cars had passed the place where the flagman stood; and the rule does not justify a ' flagman in assuming that a train flagged will stop before it reaches him.</p> <p>2. Same. Same. Contributory negligence.</p> <p>A flagman, flagging a train, must exercise prudence for his own safety, though he may rely on the rule requiring enginemen to respond to signals of flagmen, and not to pass a flagman until the reason for being flagged has been ascertained; and where a flagman knew, from the .speed of the train, that it could not stop before it reached the place where he stood, he must step back from the path of the train.</p> <p>3. Same. Same. Flagman on track. Presumption.</p> <p>An engineer, seeing a flagman near the track engaged in flagging his train, may assume that he will move out of the path of the approaching train, where he is in such a position that he may do so.</p>