Southern Railway Co. v. Murray

Citations

• 91 Miss. 546
• 44 So. 785

Syllabus

<p>1. Railroads. Killing live stock on track. 'Highway crossing. Instructions. Code 1892, § 3547 (Code 1906, § 4046). Signals.</p> <p>In an action against a railroad company for killing cattle at a highway crossing, proof that persons driving the cattle saw the approaching train for a greater distance than three hundred yards before it reached the crossing does not render inappropriate an instruction for the plaintiff, based on Code 1892, § 3547 (Code 1906, § 4046), making it the duty of the railroad company to equip each of its locomotives with a bell or steam whistle which can be heard distinctly for three hundred yards and to cause the bell to be rung or the whistle to be blown at least three hundred yards from the highway crossing and to keep the bell ringing or the whistle blowing until the locomotive has stopped or crossed the highway.</p> <p>2. Same. Burden of proof. Code 1892, §'1808 (Code 1906, § 1985). Instruction.</p> <p>In an action against a railroad company for killing cattle on its track, an instruction in the language of Code 1892, § 1808 (Code 1906, §1985) to the effect that proof of injury inflicted by the running of the train is prima facie evidence of negligence on the part of the company is proper, although the presumption must yield to the facts.</p>