Payne v. Hamblin

Citations

• 126 Miss. 756
• 89 So. 620

Syllabus

<p>Railuoads. .Speed of forty-five miles per hour in country held not negligence as to animal on track.</p> <p>In a suit for damages for killing a mule by a train, running at a speed of forty-five miles per hour, at night, in the country, the railroad company is not liable where the engineer did everything reasonably required to prevent the injury after discovering the animal upon the track, the train being properly equipped with appliances in good condition; and this is true even though the headlight was incapable of showing the object on the track at such distance' as would enable the engineer to stop his train after seeing it. At such a place, night or day, it is not ordinarily, negligence per se to run at a speed of forty-five miles per hour with proper and standard equipment.</p>