Illinois Central Railroad v. Thomas

Citations

• 109 Miss. 536
• 68 So. 773

Syllabus

<p>1. Eailkoads. Fires. Question for jury. Presumption and burden of proof. Liability for injuries. Proximate cause. Comparative negligence. Action for injuries.</p> <p>Where immediately after the passing of a train, the grass on plaintiff’s land adjoining the railroad company’s right of way was discovered on fire and no fire had been seen in the vicinity before this time, it was a question for the jury as to whether or not the train had set out the fire.</p> <p>2. Railroads. Fires. Presumption and burden of proof.</p> <p>If a fire was set out by a railroad train, and there was no evidence disclosing the facts and circumstances under which it was set out, negligence on the company’s part will be presumed under Code 1906, section 1985, so providing.</p> <p>3. Railboads. Fires. Liability for injuries. Proximate cause.</p> <p>In a suit against a railroad company for injuries sustained by plaintiff in fighting a fire set out by a railroad train, it was not necessary since the comparative negligence statute, that the company’s negligence should have been the sole proximate cause of the injury.</p> <p>4. Railboads. Fires. Liability for injuries. Proximate cause.</p> <p>Where fire was set out by a railroad train in grass on plaintiff’s</p> <p>land adjoining the railroad company’s right of way and was being • blown towards plaintiff’s property and plaintiff in fighting the fire was injured by the wind blowing the fire on him, the setting out of the fire was a proximate cause of his injury.</p> <p>5. Same.</p> <p>In such case the fact that plaintiff was negligent in the manner in which he attempted to extinguish the fire did not, under the concurrent negligence statute, exonerate the railroad company from liability.</p> <p>6. Railboads. Fires. ■ Action from injuries. Instruction.</p> <p>Where in an action for injuries, there was evidence that a fire in grass on plaintiff’s land adjoining a railroad right of way was set out by a railroad train and that plaintiff to protect hi