Tallahala Lumber Co. v. Holliman

Citations

• 125 Miss. 308
• 87 So. 661

Syllabus

<p>1. Master and Servant. Relation not served by employee’s act in attempting to board moving train.</p> <p>Where a lumber company was transporting its employees on its train from their work in the woods to the camp, and an employee who was a member of the track crew was called from the train by a signal given by his foreman after the train had stopped on account- of some defect in the locomotive, and the employee interpreted’ this signal to mean that track work was necessary to be done ahead, and then left the train and followed his foreman down the track to a point at or near the front of the locomotive, and the train then started forward toward the camp, and the employee attempted to board the train as it passed him and was injured, held, that the act of the employee in endeavoring to board the moving train, where he had a right to ride, was not an abandonment of the master’s business and did not sever the relation of master and servant.</p> <p>2. Master and Servant. Master’s knowledge of defective car step held for jury.</p> <p>Where a lumber company undertook to transport its employees on its trains to and from their work in the woods, and one of the steps of a car which was furnished for that purpose was twisted or bent, and there was evidence that the company di£ not maintain any system of inspection of such cars while in use in the woods, under the facts in evidence, it was a question for the jury as to whether the defendant knew, or by the exercise of reasonable care and diligence could have known, of the defect in the step.</p> <p>3. Master and Servant. Negligence as to employee boarding car with defective step and his contributory negligence held for jury.</p> <p>Under Acts 1910, chapter 135 (Hemingway’s Code, Section 502 and 503,) providing that contributory negligence shall not bar a recovery, when the step of a flat car, which has been furnished by the defendant company for the purpose of transporting- its employees to and from their work, was twisted