Yazoo & Mississippi Valley Railroad v. Eakin

Citations

• 79 Miss. 735

Syllabus

<p>1. Railroads. Crossings. Frightening Horses. Negligence. Contributory Negligence.</p> <p>A person is guilty of contributory negligence who drives his horse and buggy along a narrow road, with deep ditches on its sides, passing under a railroad trestle, to within thirty yards of the trestle, without stopping, looking, or listening, and cannot recover of the railroad company for injuries received from the horse becoming frightened at the operation of a pile driver doing necessary repairs to the trestle, unless the company’s employes knowingly or intentionally did something, or refrained from some duty, which caused the injury.</p> <p>2. Same. Duty of traveler on highway. Presumptions.</p> <p>The law presumes, and railway employes may assume, that travelers on highways, crossings over or under a railroad track, in approaching the railroad, will use reasonable precautions to prevent injuries from the fright of their animals.</p>