Yazoo & Mississippi Valley Railroad v. Whittington

Citations

• 74 Miss. 410

Syllabus

<p>1. Railroads. Live stock near track. Duty of engineer, etc.</p> <p>It is not the duty of the engineer of a railroad train, upon seeing-live stock near the track, to stop the train or cheek its speed, unless there is an apparent necessity for so doing, and, ordinarily, the discovery of an animal near the track does not create such necessity.</p> <p>2. Same.</p> <p>An engineer is not bound to anticipate that a horse drinking at a pond would run up a bank ten or twelve feet high, in front of a moving- train.</p>