Wilson v. New Orleans & North Eastern R. R.

Citations

• 68 Miss. 9

Syllabus

<p>Master and Servant. Railroads. Negligence. When company not liable.</p> <p>A passenger at night was asleep when the train stopped at his destination and failed to get off. He was awakened by the conductor who stated that he was still near the station. Rather than go a long distance to the next stopping place, the train was stopped at his request and he got off. He then discovered that he was in a swamp, a mile from the depot, and would have to walk over a long bridge in returning. While on thg bridge, carrying his child, he saw an approaching freight train, and, hurrying back, barely escaped being run over. He was feeble and the exertion and excitement caused injury to his health and he sued the railroad company for damages. Held, that he could not recover, though probably misled by what the conductor said as to where the train was. He was negligent in not getting off at the station, and the conductor was serving him and not the company in afterwards stopping.</p>