Memphis & Charleston Railroad v. Blakeney

Citations

• 43 Miss. 218

Syllabus

<p>1. Railboads — LiAnmmEa foe Damages__A party seeking damages against a railroad company for injury to cattle on the track, must, under tlie Revised Code of 1857, page 299, art. 43, show that the injury resulted from some mismanagement on the part of some of the servants or agents of the company. Raiford v. Mss. Central R. R. Co., cited and approved.</p> <p>2. Same. — Railroad companies, having exclusive right of way>along their road, must so use their possession as not, by mismanagement or neglect, to injure the rights of others. And if owners of stock suffer them to run at large, knowing their liability to got on the tracks, and the rights of the companies, such owners must assume, at least, some of the risk.</p>