New Orleans, Jackson & Great Northern Railroad v. Harrison

Citations

• 48 Miss. 112

Syllabus

<p>1. Railroad — liability for torts of employes. — A railway company is not liable for damages resulting from a willful and malicious trespass committed upon a stranger to the company by its engineer or conductor, outside of and beyond the scope of Ms authority or line of duty.</p> <p>2. Voluntary service — contributory negligence. — A railway company is not liable for injuries inflicted, through the negligence of its servants, upon a stranger to the company while engaged in the voluntary service of uncoupling its cars, if by his negligence he contributed to the injury complained of.</p> <p>3. Case in judgment. — H., who was in no way connected with the railway company, was standing at the crossing in Canton, when the engineer or conductor of the train ordered him to go in and uncouple the cars. He refused at first, but in fear of some bodily harm from the railway employó, who had cursed and threatened to beat him if he refused, was forced to perform the service required. After he had uncoupled the cars the train commenced moving, the tender came against his shoulder and knocked him under the cars and the tender wheels ran over his left leg, injuring it so severely that he was compelled to suffer amputation. There was no brakeman on the train. He was not bound to obey the orders under which he acted and could have gotten away had •he seen proper. He didn’t know he could uncouple the train when he went in, but thought he could. The train was backing at the time. Held} that the company was not liable.</p>