Yazoo & M. V. R. v. Downs

Citations

• 109 Miss. 140
• 67 So. 962

Syllabus

<p>1. Master and Servant. Injury to servant. Negligence. Safe place to work. Failure to warn of perils. Personal injuries. Medical attention.</p> <p>Where a section hand of a railroad company was engaged in replacing old rails with new ones and while pulling out the spikes in the old rail with a clawbar, one of the spikes gave way suddenly, and he fell to the ground mashing his fingers against one of the new rails distributed along the track, he was not entitled to recover damages on account of a failure to furnish him a safe place to work, since the place was not unsafe because of the presence of the new rails, nor was the company required to give any warning as to damages which were ordinary hazards, patent to the average man or easily discoverable by ordinary care.</p> <p>2. Master and Servant. Personal injuries. Medical attention.</p> <p>Where a railroad employee, when injured, placed himself under the care of one of the district surgeons of the hospital department of the railroad, and received from him medical and surgical treatment in his home town, and there is no proof that this surgeon was incompetent, and it does not appear from the proof ' that he failed to give proper attention to the case and no unreasonable delay is shown in furnishing the transportation and sending him to the hospital, in such case the injured employee cannot recover damages from increased suffering due to failure to receive proper medical attention.</p>