New Orleans & Northeastern R. R. v. Bourgeois

Citations

• 66 Miss. 3

Syllabus

<p>1. Bailroads. Bight to a clear track.</p> <p>Bailroad companies, in the prosecution of their lawful business, have a right to a clear track, and the exclusive use of their property, subject only to the condition resting upon all property owners that they must so use it as not to cause injury to the person or property of others, if it can be avoided by reasonable care.</p> <p>2. Bule oe Liability. Inevitable accident.</p> <p>Bailroad companies are not held to a stricter accountability for inevitable misfortunes than are natural persons.</p> <p>3. Animals neab the Track. Duty as to stopping.</p> <p>An engineer is not required to check the speed or stop the train when an animal is seen near the track, unless there is something to indicate the danger or the necessity of the animal going upon the track.</p> <p>4. Animals seen on the Track. When train must stop.</p> <p>If stock, when first discovered on the track, are so near the engine that collision cannot be prevented by the prompt use of all proper appliances, and they are killed, no liability for damages is incurred by the company.</p> <p>5. Presumption oe Negligence. How overcome.</p> <p>Proof of injury inflicted by the running of trains is prima facie evidence of the want of skill and care, but where the circumstances attending the injury are shown by the evidence, the case must be determined upon the proven facts, not upon any presumption of negligence.</p>