Yazoo & Mississippi Valley Railroad v. Parker

Citations

• 88 Miss. 193
• 40 So. 746

Syllabus

<p>Constitutional Law. Constitution 1890, seo. 193. Railroads. Injury to servant. Defective machinery. Contributory negligence. Felloio servant.</p> <p>Under Constitution 1890, sec. 193, modifying the common law fellow servant rule as to the employes of railroad corporations and providing that knowledge of the defective condition of appliances shall not be a defense in an action by such employes other than conductors and engineers in certain instances for injuries suffered because of such defects:</p> <p>(a) A section foreman in charge of a defective handcar is not a conductor; but</p> <p>(b) If he be guilty of reckless negligence in the use of the car he cannot recover for an injury caused thereby.</p>