Morehead v. Yazoo & Mississippi Valley Railroad

Citations

• 84 Miss. 112

Syllabus

<p>1. Railroads. Custom. Contributory negligence.</p> <p>The custom of a certain train to use the main line of a track at a station does not deny it the right to use a side track, or excuse any person walking on the side track when such train is approaching, for a failure to exercise ordinary care.</p> <p>2. Same. Station agent. Walking on track. Assumption of risks.</p> <p>A station agent assumes the risk incident to his acts when he goes upon a side track, rather than the space provided for pedestrians between such track and the main line, while walking to the point where he transacts business with trains.</p> <p>3. Same. Engineer. Man on track. Presumption.</p> <p>The engineer of a railroad train has the right to assume that a man seen on the track, at a place where there is no difficulty in leaving it, will exercise the common instinct of self-preservation and get off the track before he is reached by the train. BaMroad v. Stroud, 64 Miss., 784, and Christian v. Railroad, 71 Miss., 237, approved.</p>