New Orleans & North Eastern Railroad v. Thornton

Citations

• 65 Miss. 256

Syllabus

<p>Railroad Company. Liability for injury to hone. Case in judgment.</p> <p>In an action against a railroad company for injuring a horse, tbe evidence developed these facts: A horse grazing on the “dump” of a railroad, or that portion of the road-bed lying out-side of the track, and which was-only three or four feet high, became frightened at an approaching train and ran along by the side of the railroad until the train came up with .and passed it, in part, when it turned off so terrified that it rushed across certain “barrow pits,” and injured itself so that it died. The engineer saw the animal running ahead of the train, but did nothing to prevent injury to it. Held, that, upon such facts, the railroad company is not liable for the injury complained of.</p>