Lowe v. Alabama & Vicksburg Railway Co.

Citations

• 81 Miss. 9

Syllabus

<p>Railroads, lAme stock on or near track. Evidence. Code 1893, 1 1808. “Cul de sac” cases.</p> <p>Where a horse became frightened by a railroad train and ran along, parallel to the road, at the foot of an embankment upon which the train was passing, and because of the emission of steam from the locomotive suddenly turns from its course, along which it could have safely passed, and falls or jumps into a ditch, inflicting upon itself fatal injuries—</p> <p>(a) The case is not within Code 1893, $ 1808, making proof of injury by the running of railroad locomotives or cars prima facie evidence of the want of reasonable skill and care on the part of the servants of the railroad company in reference to such injury;</p> <p>(b) The “ cul de sac” cases have no application; and,</p> <p>(c) Without evidence to show willfulness, wantonness or lack of reasonable care on the part of the servants of the railroad company it is not liable, and a peremptory instruction for it is proper.</p>