Louisville, New Orleans & Texas Railroad v. Mask

Citations

• 64 Miss. 738

Syllabus

<p>1. Juror. Competency of. Employee of party.</p> <p>An employee of one of the parties to an action is incompetent to sit as a juror in the trial thereof, and should be rejected upon a peremptory challenge. Hubbard v. Rutledge, 57 Miss. 7, cited.</p> <p>2. Same. Competency of. Tales juror. Section 1661, Code of 1880, construed.</p> <p>Section 1661, Code of 1880, which provides that “it shall be a good cause to challenge any tales juror, that he has served as such in the trial of as many as three cases at that or the last preceding term of the court,” does not apply to a juror who is a member of the regular panel for the week, but only to a juror called to supply a deficiency in such panel.</p> <p>3. Railroad Company. Failure to slop at station. Liability for.</p> <p>A railroad.company carrying passengers is liable in damages for any injury resulting to a passenger on its train, from the failure of its employees to call out the name of the station and stop sufficiently long for such passenger to get off the train, at his destination. R. R. Co. v. Scurr, 59 Miss. 456, cited.</p> <p>4. Same, Failure _ to stop train at station. Mistake of conductor. Case in judgment.</p> <p>And, in case of such failure on the part of a railroad company, it is not relieved from liability by the fact that, after the train had begun to slow Up at the station where a passenger wished to get off, the conductor looked into the train and failing to see the passenger, who had gone on the rear platform of the coach, signaled the train to go ahead, because he thought such passenger had gotten off.</p> <p>5. Same. Injury from failure to stop train at station. Evidence of. Case in judgment.</p> <p>In an action for damages resulting from the failure of a railroad company to stop its train for a passenger to get off at the station of his destination, it is competent for the plaintiff to show that the train was not stopped at the station, but was only stopped after having passed the station and sever