Turner v. Southern Ry. Co.

Citations

• 112 Miss. 359
• 73 So. 62

Syllabus

<p>1. CARRIERS. Personal injury. What law governs. Obstruction appearing on road. Negligence. Question for jury.</p> <p>Where plaintiff was injured in Tennessee by being struck by defendant’s train while she was trying to flag the train, her right to recovery is based upon the precautionary statutes of that state.</p> <p>2. RaileoadS'. Personal injury. Obstructions appearing on the road.</p> <p>Under the Tennessee statutes, Shannon’s Code, section 1574, providing that every railroad shall keep its engineer, fireman, or some other person upon the locomotive always upon the lookout ahead, and that when any person or other obstruction appear upon the road, the alarm whistle shall be sounded, the breaks put down and every possible means employed to prevent an accident. Where plaintiff while standing on the railroad track with a lighted paper in her hand flagging the train was struck by a passing train, she was such an “obstruction upon the road” as required the precautionary measures prescribed by said statute.</p> <p>3. Same.</p> <p>The court held that under the evidence set out in the opinion in this case a peremptory instruction for defendant was erroneous.</p>