Memphis & Charleston Railroad v. Orr

Citations

• 43 Miss. 279

Syllabus

<p>1. Liability oe Railboad Companies eob Damage to Animals. — On the trial of an •action for damages against a railroad company for killing a horse hy a train on the company’s traék, the following instructions by the court to the jury are held to ho erroneous.</p> <p>“ The railroad company should take proper means, hy fences and otherwise, to prevent intrusions upon their track and the destruction of property.”</p> <p>“If the jury believe frcm t ie evidence that hy the application of all necessary appliances and a sufficient number of brakemen the damage could have been avoided, they will find for the plaintiff.”</p> <p>2. Same. — Railroad companies in such eases are liable only for a want of reasonable and customary care and skill in the management of their trains. The oases of N. O. J. & G-. N. R. R. Co. v. Enochs, not yet reported; M. & C. R. R. Co. v. Blakeney supra, p. 218, and Raiford v. Miss. Gen. R. R. Co., supra, p. 233, cited and approved.</p>