Magee v. Mississippi Central Railroad

Citations

• 95 Miss. 678
• 48 So. 723

Syllabus

<p>1. Railroads. Defective truck. Excessive' speed. Wantonness. Evidence.</p> <p>Tbe backing of a railroad train, consisting of a flat car, a caboose and a locomotive known to bave a defective truck under its tender, tbe flanges of wbicb were likely to mount tbe rails, at an excessive speed, evidences a wanton and reckless disregard of prudence and caution.</p> <p>2. Same. Master and servant. Riding on engine. Trespasser. When section foreman is not.</p> <p>A section foreman, riding on a locomotive tender, was not a trespasser, as affecting tbe company’s liability for bis death caused by the tender jumping tbe track, where, after completing work, be was ordered or invited, to board tbe train, tbe cars of which were crowded.</p>