Mississippi Cent. R. v. Pace

Citations

• 109 Miss. 667
• 68 So. 926

Syllabus

<p>1. Railroads. Operation. Action for injury. Sufficiency of evidence. Speed in cities. “Through.” “Within.”</p> <p>Where plaintiff was invited by persons in charge of one of defendants locomotives to ride on the locomotive and at the request of the fireman, fired the engine and after doing so sat down in the cab, whereupon the locomotive, while running at a speed in excess of six miles an hour within an incorporated city came in violent contact with a string of cars and by reason of the shock caused by the collision., plaintiff was thrown out of the cab and injured, the jury was warranted in finding that the proximate cause of the injury was the-unlawful speed of the locomotive.,</p> <p>2. Railroads. Operation. Speed in cities. Through. “In.” “Within.” Under Code 1906, section 4043, making railroad companies liable</p> <p>for injury caused by running its locomotive at more than six miles an hour through any city and conferring on the railroad commission the power to fix limits in cities in which railroads might run locomotives at a greater rate of speed, the word “through” is synonymous with “in” or “within,” so as to cover a case of injury from a locomotive switching cars in a railroad’s private yard within the corporate limits of a city.</p> <p>3. Railroads. Operation. Speed. Right to recover. '</p> <p>That plaintiff was a trespasser or a licensee did not in any way affect his right to recover, if the locomotive was running more than six miles per hour, and the excessive speed was the proximate cause of the injury.</p>