Jamison v. Illinois Central Railroad

Citations

• 63 Miss. 33

Syllabus

<p>1. Eailroad Company. Liability af for causing death of child.</p> <p>Where, in an action for damages against a railroad company for killing a child while walking on its track, it is shown that a servant of the company-stationed as a “ lookout” on the train saw the child before the accident, but failed to exercise due care to avoid the injury, the company is liable, however negligently the child may have acted.</p> <p>2. Same. Action for damages. Practice.</p> <p>And whether such servant saw the child is a question of fact for the jury, and if there be sufficient evidence, if believed, to support a verdict founded on such fact, then the judge is not authorized to instruct the jury to find for the defendant.</p> <p>3. Evidence. Credibility of witness. Contradictory statements.</p> <p>Where, in an action for damages against a railroad company for killing a child walking on defendant’s track, it is a material fact whether the servant of the company saw the child before the accident, then his statement to third persons that he did see the child is admissible to attack his credibility if he denies having seen the child.</p>