White v. Louisville, New Orleans & Texas Railway Co.

Citations

• 72 Miss. 12

Syllabus

<p>I. Railhoads. Master and servant. Safe appliances. Const. 1890, \\ 193.</p> <p>Liability of a railroad company for injuries caused by defective machinery or appliances exists independently of $ 193, constitution 1890, enlarging the rights of employes, and rests on its common law-duty to furnish employes safe machinery and appliances. Failure in this regard is the negligence of the company, not of its employes.</p> <p>2. Same. Death of child. Action by parent. Code 1892, § 663.</p> <p>It is only where an employe of a railroad company is killed through the neg-ligenee of a fellow-servcmt that the action therefor must be brought by the personal representative, under ?¿ 193, const. 1890. Where the negligence is that of the company itself, as by failure to furnish safe appliances, the action for the death of a child is to be brought by the parent, under $ 663, code 1892. Railroad Co. v. Hunter, 70 Miss., 471, distinguished.</p> <p>3. INJURIES Causing Death. Action by parent. Test of liability.</p> <p>The right of a parent, under $ 663, code 1893, to recover for the death of a child, depends on whether the child, had it survived, could have maintained an action for the injury. Meyer v. King, ante, p. 1.</p> <p>4. Same. Coupling. Negligence. Injury to brakemen.</p> <p>In an action against a railroad company for the death of a brakeman, crushed while coupling, where there is testimony that the ears were of different height and had different kinds of drawheads, so that they did not come squarely together, thus making- the coupling- difficult; that the bumpers were broken on one car, and that the spring- for holding- the drawhead of the other in place had been removed, leaving it “to play loose;” that these defects were not known to deceased or readily observable; that it was necessary to go between the cars to couple, and that deceased, while coupling in the usual way, was crushed by the cars, it was for the jury to say whether the appliances were suitable, and whether de