Illinois Central Railroad v. Greaves

Citations

• 75 Miss. 360

Syllabus

<p>1. Raileoads. Lime stools, on tracts,. Duty of employes.</p> <p>It is not the duty of the servants of a railroad company in charge of a rapidly moving- train to drive live stock from the track when it is not possible to do so.</p> <p>2. Evidence. Common Imowledge. Matters not witTwn.</p> <p>Matters within the common knowledge of mankind do not require proof; hut this rule does not dispense with the necessity of evidence to show the following facts:</p> <p>{a) The grade of a railroad track at a certain place;</p> <p>(b) That a horse can he seen at night more than one hundred and fifty feet by the engineer of a locomotive running- at the rate of fifty miles an hour; ,</p> <p>(c) That a horse, when given one hundred and fifty feet the start, can run ahead of a rapidly moving railroad train for a short distance, and thereby escape injury if those in charge use all proper efforts to stop the train; and,</p> <p>(d) That the speed of a train running at the rate of fifty miles an hour may be so decreased as to permit the escape of a horse seen one hundred and fifty feet in front of the engine.</p>