Perkins v. Chicago, St. Louis & New Orleans Railroad

Citations

• 60 Miss. 726

Syllabus

<p>1. Railroad. Action for injury to passenger. Freight train. Negligence. Sect. 1054-, Code 1880, construed.</p> <p>Where, in an action by a passenger for damages against a railroad company for injuries received as such passenger, it is shown that the train on which the plaintiff was a passenger was a freight train not intended for both passengers and freight, the plaintiff must show gross negligence on the part of the servants of the defendant before a recovery can be had in view of sect. 1054 of the Code of 1880, which provides that, “ for injury to any passenger upon any freight train not being intended for both passengers and freight, such company shall not be liable except for gross negligence or carelessness of its servants.”</p> <p>2. Same. Freight train not intended for both passengers and freight. Definition.</p> <p>A train which is strictly a freight train with only the appliances and accomoda-tions of such, cannot he said to he intended for hoth passengers and freight, ■ even though all persons he permitted to become passengers by going into the conductor’s caboose.</p>