Illinois Central Railroad v. Person

Citations

• 65 Miss. 319

Syllabus

<p>1. Railroad Company. Action for hilling mule. Case in judgment.</p> <p>A mule 30 or 40 feet from a railroad crossing and moving towards it was observed by the engineer in charge of an approaching train. The railroad was fenced on both sides, but there was an opening in the fences at the crossing. The engineer did not attempt to stop his train, sound the cattle alarm or to do anything else to avert a collision. The mule'rushed ahead, collided with the engine and was killed. The owner brought an action against the railroad company for damages for such killing. Held, that the company is liable.</p> <p>2. Same. Action of tort. Evidence of breach of contract. Case in judgment.</p> <p>On the trial of the cause of action above stated, evidence was admitted for the plaintiff which tended to show that the railroad company and plaintiff had agreed that the latter should furnish posts and the former would construct a fence, and leave an opening at the crossing in question at which it would erect bars; that plaintiff furnished posts, and the company built the fence, leaving an opening as agreed, but failed to erect bars. The defendant company objected to the admission of this evidence. Held, that such evidence was admissible in so far as it tended to show the condition of the fences and opening at the crossingin question; but so much thereof as related to the agreement in reference to the construction of such fences was inadmissible.</p>