Crawley v. Richmond & Danville Railroad

Mississippi Supreme Court
Crawley v. Richmond & Danville Railroad, 70 Miss. 340 (Miss. 1892)
Campbell

Crawley v. Richmond & Danville Railroad

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

It is so clear that the unfortunate man who was killed contributed directly to his own death by his incautious and reckless action, that, the coui’t properly told the jury the plaintiff was not entitled to recover.

*344It is true that the defendant was guilty of a violation of law in the rate of speed at which the train was run, but this was causa sine qua non, while the causa causans was the imprudence of the person killed, so unmistakable as to authorize the assertion that he was the cause of his death.

We sympathize tenderly with the mother, who, in the death of her son, lost her means of support, but have no authority to serve her by permitting any relaxation of the rules of law in her favor.

Affirmed.

Reference

Full Case Name
Mary Crawley v. Richmond & Danville Railroad Co.
Cited By
5 cases
Status
Published
Syllabus
Railroads. Excessive speed. Injury. Contributory negligence. Although a railroad company is per se guilty of negligence, and also violates the law in running its train within an incorporated town more than six miles an hour, recovery cannot be had of it for the death of one whose contributory negligence, in recklessly exposing himself before the train while so running, was unmistakably the efficient cause of his being struck by the engine and killed.