White v. Illinois Central Railroad

Citations

• 99 Miss. 651
• 55 So. 593

Syllabus

<p>1. Carriers. Local freight trains. Passengers. Gross negligence.</p> <p>A regular local freight train, equipped with the ordinary appliances and conveniences of a local freight train, except that the ear attached to it for the use of passengers was what is known as a “way ear” • with compartments for passengers, baggage, trainmen and tools used in connection with the operation of a local freight train, is neither a regular passenger train, nor a “mixed or accommodation train” within Code 1906, section 4054, limiting the liability of carriers for injuries to passengers.</p> <p>2. Passengers. Carriers. Common law duty.</p> <p>At common law there is only one class of trains in the operation of which the carrier is relieved from the exercise of the utmost degree of care for the safety of passengers on such trains and that is those trains which are not intended for and do not carry passengers. •</p> <p>3. Same.</p> <p>In case of injury to persons riding on such trains, the carrier is not liable unless such injury is caused by its willful or intentional wrong or gross negligence as persons riding on such trains contrary to the rules of the carrier are trespassers and even when riding by permission of the trainsman in charge of such trains are bare licensees.</p> <p>4. Statute. Re-enactment. Construction.</p> <p>Where a statute has been construed by the highest authority of a state and afterwards re-enacted in substantially the same terms, the legislature by such re-enactment adopts, along with the statute, such construction.</p> <p>5. Judicial Knowledge.</p> <p>The courts know what a “mixed or accommodation train” is, as it is a matter of common knowledge of which the courts take judicial cognizance</p> <p>6. Mixed oe Accommodation Train. Defmition.</p> <p>“A mixed or accommodation train” is a train equipped and having the appliances and facilities suited for the carriage of passengers as well as freight. Its purpose and business is as much the one as the other. In its