McMaster v. Illinois Central Railroad

Citations

• 65 Miss. 264

Syllabus

<p>1. Railroad Company. Fellow-Servants. Employees of different trains of same company. Case in judgment.</p> <p>The brakeman of a freight train and the conductor and other employees of a passenger train of the same railroad company are fellow servants, and an action for damages for the death of such brakeman, caused by the negligence of such conductor and other employees is nut maintainable against the railroad company.</p> <p>2. Same. Fellow-servants. Cause of action arising in Louisiana. Law of that state considered. Fiinciples applicable to case in judgment.</p> <p>M. brought an action against the I. C. Railroad Company to recover damages for the death of her son, a brakeman on one of the defendant’s freight trains, caused by the negligence of the conductor and other employees of a passenger train of such company. The accident and death occurred in Louisiana. The Supreme Court of Louisiana has held that a brakeman and the conductor of the same train are not fellow-servants. Held, that this action is governed by the laws of Louisiana, whose Supreme Court has decided that the conductor of a railway train is not the fellow-servant of the other employees of that train; hut such decision is not inconsistent with the doctrine of this court, that the conductor of one train is the fellow-servant of the employees of another train of the same company, and thus viewing the principles applicable to the case stated, the action is not maintainable.</p>