New Orleans & N. E. R. v. Mobly

Citations

• 106 Miss. 323
• 63 So. 665

Syllabus

<p>1. Master and Servant. Liability for injury to servant. Care required.</p> <p>A servant of a railroad company who, after his day’s work, was permitted, by the company, to sleep in a caboose standing on its side track is entitled to receive, at the hands of the company, ordinary care to prevent, injury to him.</p> <p>2. Same.</p> <p>In such case where the servant, when he was injured, was not in the performance of any duty for the railroad, was familiar with the surroundings and knew the- train had to he moved in order to locate it for the night, the fact that he was injured by a sudden jerk of the cars while he was in the act of hoarding the same, does not show a want of ordinary care on the part of the railroad company.</p>