Vicksburg & Meridian Railroad v. Howe

Citations

• 52 Miss. 202

Syllabus

<p>1. Railroad : Liability for damages to passengers. Case in judgment.</p> <p>H. was a passenger on the Vicksburg & Meridian Railroad, from Vicksburg to Jackson. About midnight the train encountered a wrecked freight train. The night was dark and rainy. The passengers were transferred to a train beyond the wreck. To reach this train a ditch about three feet deep had to be crossed. Across it was placed a plank, but no light was stationed by it by the em-ployés, nor any warning of it given to the passengers. H., in attempting to cross it, fell and broke his leg, causing him to suffer much pain, lose time, etc. He thereupon sued the road for damages. Held, that the failure to 'place a light at the crossing of the ditch, or to give any warning thereof, or to take some means to guard passengers against injury from the extra hazard ' to which they were exposed in crossing, was such negligence as would render the company liable for any injury sustained by passengers in crossing.</p>