Wilson v. New Orleans & North Eastern R. R.
Wilson v. New Orleans & North Eastern R. R.
Opinion of the Court
delivered the opinion of the court.
The railroad company did the plaintiff no wrong. Its train stopped in Hattiesburg long enough, and he failed to get off. It was started on its journey, and he was aroused from his sleep and was desirous to get off. The train was stopped for his accommodation. It was a kindness to him. He had no right to have the train stop for him, but was liable to be carried to the next stopping place for that train. He was probably misled as to the' precise place where the train then was by what was said by the conductor in response to his inquiry, but this gave him no right of action against the company. The conductor was not serving the company but him in what occurred. It was a matter between him and the conductor, who sought to benefit him at the expense of the company. His negligence in not leaving the train at Hattiesburg led to the effort to relieve him of the consequences of such negligence and caused all his woes, and his misfortune cannot justly be visited on the company. Railroad companies should be held responsible for all their wrongs, but not for the wrong-doing of others —not even of their employes who cease to serve them in their efforts to serve others.
Affirmed.
Reference
- Full Case Name
- G. D. Wilson v. New Orleans & North Eastern R. R. Co.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Master and Servant. Railroads. Negligence. When company not liable. A passenger at night was asleep when the train stopped at his destination and failed to get off. He was awakened by the conductor who stated that he was still near the station. Rather than go a long distance to the next stopping place, the train was stopped at his request and he got off. He then discovered that he was in a swamp, a mile from the depot, and would have to walk over a long bridge in returning. While on thg bridge, carrying his child, he saw an approaching freight train, and, hurrying back, barely escaped being run over. He was feeble and the exertion and excitement caused injury to his health and he sued the railroad company for damages. Held, that he could not recover, though probably misled by what the conductor said as to where the train was. He was negligent in not getting off at the station, and the conductor was serving him and not the company in afterwards stopping.