Myers v. Lamb-Fish Lumber Co.

Citations

• 106 Miss. 766
• 64 So. 727

Syllabus

<p>1. Master and Servant. Questions for the jury. Safe place to work. Death. Sufficiency of evidence. Cause of injury. Abolition of fellow-servant rule. Laws 1908, chapter 194. Application of statute. Laws 1912, chapter 215. Retroactive operation. Rule of ■ evidence.</p> <p>In an action for personal injury against a railroad the question as to whether or not the roadbed was safe is a question for the jury.</p> <p>2. Death. Sufficiency of evidence. Cause of injury.</p> <p>Under the evidence in this case it is held that the death of plaintiff’s intestate was caused by the collision in the operation of defendant’s cars.</p> <p>3. Laws 1908, Chatter 194.- Abolition of fellow-servant rule. Applicar tion of statute.</p> <p>The exception in Laws 1908, chapter 194 which provides that an employee’s knowledge of the unsafe condition of any ways or appliances, or of the improper loading of cars, shall not be a' defense to an action for injury therefrom, but excepting conductors and engineers voluntarily in charge of dangerous, or unsafe cars, has no application in a case where the cars are not defective, but the danger arose from the moving and coupling cars whose draw heads and couplers were of different heights upon a track which was soft and sodden and would sink under the weight of the cars.</p> <p>4. Statute. Retroactive operation. Rules of evidence. Laws 1912, chapter 215.</p> <p>Laws 1912, chapter 215 providing that proof of injury inflicted by the running of engines, locomotives, or cars shall be prima facie evidence of the want of reasonable skill and care provides only a rule of evidence and does not deal with substantial rights, and is applicable in the trial of all cases after its enactment.</p>