Yazoo & Mississippi Valley Railroad v. Farr

Citations

• 94 Miss. 557
• 48 So. 520

Syllabus

<p>1. Railroads. Master and servant. Death of servant. Suit for. NegUgence. Pleadings and proofs. Variance.</p> <p>In an action against a railroad company for tbe wrongful death of a locomotive engineer, a variance between tbe declaration, charging that tbe collision resulting in tbe death was caused by tbe negligence of defendant’s telegraph operator in failing to properly deliver a train order dispatch to tbe conductor of a train, and evidence, showing that tbe operator placed tbe message, with two others, on a table in front of tbe conductor when be called for orders, instead of delivering it to him and having him read it aloud as required by tbe rules of tbe company, and permitted tbe conductor to depart leaving tbe order on tbe table, is not sufficient to defeat a recovery by tbe plaintiffs.</p> <p>2. Same. Same. Contributory negligence. Proximate cause.</p> <p>Tbe acts of a locomotive engineer in remaining in bis seat on tbe right side of bis engine while rounding a curve in tbe track and allowing tbe fireman to stoke tbe engine, thereby leaving tbe track unobserved from tbe left side of tbe engine, although tbe better view ahead could be bad from that side, if negligent, are not the proximate cause of bis death, resulting from a head-on collision with another train, caused by tbe negligence of the company, where tbe decedent could not have prevented the collision ' bad a look-out been maintained from tbe left side.</p> <p>'3. Damages. Verdict not excessive. Death.</p> <p>Facts of tbe case considered and a verdict in plaintiff’s favor, awarding twenty-twm thousand five hundred dollars as damages for the wrongful death of a person, adjudged not excessive.</p>