Memphis & Charleston Railroad v. Thomas

Citations

• 51 Miss. 637

Syllabus

<p>1. Railroad : Liability of employes; Contributory negligence.</p> <p>T., an engineer on the M. & O. R. R., was in charge of a train that ran off at a switch, and seriously injured him. At the time of the accident, the train was running at the rate of ten miles an hour. The rules of the company required all trains to slacken tbeir speed to six miles an bour when passing a switch. Held, that T., the engineer, directly ^contributed to the accident by which he was injured, and cannot recover damages for his injury.</p> <p>2. Same : Same : Negligence of fellow servants.</p> <p>If the negligence by which the accident occurred was that of a fellow servant of employe, this fact of itself would be fatal to the plaintiff’s recovery, unless the company had neglected due care in the selection of servants ; or unless their incompetency, or the existence of defective material or machinery, had been brought to the knowledge of the company. N. 0., J. & G. N. R. R. Co. •». Hughes, 49 Miss., 258.</p>