Louisville, New Orleans & Texas Ry. Co. v. Petty

Citations

• 67 Miss. 255

Syllabus

<p>1. Master and Servant. Negligence of fellow-servant.</p> <p>A master is not liable to a servant for an injury caused by the negligence of a fellow-servant engaged in the common employment, it not being made to appear that the master was at fault as to the selection or retention of the servant, who was negligent. R. R. Co. v. Hughes, 49 Miss. 258 ; Howd v. R. R. Co., 50 lb. 178, cited.</p> <p>2. Same. Railroads. “ Hostler” and brakeman fellow-servants.</p> <p>A yard engineer or “hostler,” whose duty it is to supply a locomotive with fuel, water, sand and other things, before it starts on the road, and the engineer who runs the locomotive are fellow-servants with a brakeman on the train drawn by such engine ; and if, on the run, an accident occurs by reason of the want of sand in sufficient quantity in the sand-box on the locomotive, whereby the brakeman is injured, the railroad company is not liable therefor.</p>