Mobile & O. R. v. Robinson

Citations

• 132 Miss. 841
• 96 So. 749
• 1923 Miss. LEXIS 83

Syllabus

<p>1. Railroads. Lookout for trespasser not required.</p> <p>The servants of a railroad company in charge of its trains are under no duty to keep a lookout for trespassers on the railroad track, and are required only to exercise reasonable care to prevent injuring such a trespasser after they have discovered and realized his peril.</p> <p>2. Railroads. Statutory presumption of negligence as to trespasser held overcome.</p> <p>In an action against a railroad company for damages for the death of a person alleged to have been struck and killed by one of its locomotives, where the testimony for the plaintiff discloses only that -the decedent, while trespassing on the railroad track, was struck and killed by one of the defendant’s locomotives, thereby making out a prima-facie case of negligence under section 1985, Code of 1906 (Hemingway’s Code, Section 1645), and the engineers of each of the defendant’s locomotives which could have struck the decedent testify that they did not see the decedent at the time he was struck, and did not know that he had been struck until told thereof some time thereafter, it is error to charge the jury, at the reguest of the plaintiff, “that if they believe from a preponderance of the evidence that the deceased, W. R. Robinson, was injured and killed by the operation of a train of defendant, they will And their verdict for plaintiff.”</p>