Southern Railway Co. v. Lanning

Citations

• 83 Miss. 161

Syllabus

<p>1. Raileoads. Flag stations. Failure to stop when flagged. When not liable.</p> <p>|a railroad' company is not liable to one intending to become a passenger for a failure to stop a passenger train at a flag station, where the engineer and fireman in charge of the locomotive, through no fault of their own, and while in the exercise of due care on their part, failed to see and obey the signal on account of the manner in which it was given, or by reason of prevailing atmospheric conditions, j</p> <p>2. Same. When liable. Damages.</p> <p>For not stopping a passenger train, when duly flagged by intending passengers, at a flag station, a railroad company is liable:</p> <p>(«) For compensatory damages, where its employes failed to- see the signal through negligence on their part, when by the exercise of ordinary care they could have seen it; and</p> <p>(b) For compensatory damages, and punitive damages, if the jury see proper to award the latter, where the signal was seen and understood by the employes in charge of the locomotive and their actions in not stopping the train was malicious, wanton or capricious.</p> <p>3. Same. Instruction. Must be predicated of evidence.</p> <p>Where the testimony left it uncertain as to whether the engineer of a train saw a signal to stop at a flag station, and there was no proof that other employes saw the signal, an instruction that, if the engineer or other employes saw the signal to stop, and their failure to stop the train was either 'willful or capricious, punitive damages might be imposed, was erroneous, since there was no evidence of which to predicate it touching “other employes,” and it omits all reference to the engineer understanding the signal.</p> <p>4. Same. Signal must be understood.</p> <p>An instruction that, if the engineer of a train saw a signal to stop at a flag station, and the failure to stop was either willful or capricious on his part, punitive damages might be imposed, was erroneous for failing to state that th