Lockman v. Alabama & V. Ry. Co.

Citations

• 116 Miss. 772
• 77 So. 793

Syllabus

<p>1. Master and Servant. Question for jury. Application of fellow servants’ doctrine. Laws 1908, chapter 194. Hemingway’s Code, section 6684.</p> <p>Where an employee of a railroad company while employed in loading rails upon a flat car was injured because some of his fellow servants gave an unusual or sudden jerk to the rail which they . were lifting to place upon the car which caused it to fall and injure his leg and there was no evidence as to why such sudden and unusual jerk was given in such case a peremptory instruction for the defendant was erroneous.</p> <p>2. Same.</p> <p>In such case the jury would have been warranted in finding that plaintiff was injured because of the negligence of a fellow servant while engaged in loading a car for transportation over defendant’s railroad so that the ease would fall within chapter 194, Laws 1908 (Hemingway’s Code, section 6684), giving railroad employees the same rights and remedies for injuries caused by an act or omission of the railroad company as are allowed by laws to other persons not so employed.</p> <p>3. Same.</p> <p>In such case where there was no evidence that an engine was attached to the car at the time it was being loaded or that it was to be moved by steam, gas, gasoline, or lever power, the presumption arises that it was to be moved by the railroad •company’s usual motive power.</p>