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· 10/15/1913

Spinks v. New Orleans, Mobile & Chicago Railroad

Citations

  • 106 Miss. 53
  • 63 So. 190

Syllabus

<p>■Caebudbs. Passengers. Assault try fellow passengers. Negligence of conductor.</p> <p>Where the conductor of a railroad train found an intoxicated passenger attempting to leave the train in the dark while the train was running, but making no threats or attempts to injure anyone else, and took him into the baggage car and placed him in charge of the baggage-master and invited two other passengers, who were acquainted with the drunken man, to go into the baggage car and assist in taking care of him, and while in the baggage car one of these passengers was assaulted and cut by the drunken man in the absence of the conductor, under such circumstances there was no negligence on the part of the railroad company and it was not liable'in damages to the passenger who was assaulted.</p>

Judges: Smith

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