Mississippi Central R. v. Morrison

Citations

• 107 Miss. 300
• 65 So. 275

Syllabus

<p>1. Railroad. Injuries to animals on or near tracks. Actions. Questions for jury. Gare required.</p> <p>Where iu a suit against a railroad company for the killing of stock by its running train, the evidence showed that the train was properly equipped with all .necessary appliances for safe use, was under control and that the engineer was on the lookout and as soon as he saw or could have seen the stock on the track did all he could by whistling and putting on the break to prevent the killing, but the same was unavoidable, a peremptory instruction for the defendant should have been given.</p> <p>2. Railroads. Injuries to animals on the track. Care required.</p> <p>A railroad company, in operating its trains, is only required to use reasonable care to prevent injury to animals on its tracks, such care as a discreet man would exercise, to avoid injury.</p>