Southern Railway Co. v. Hunter
Mississippi Supreme Court
Southern Railway Co. v. Hunter, 74 Miss. 444 (Miss. 1896)
Whitfield
Southern Railway Co. v. Hunter
Opinion of the Court
delivered the opinion of the court.
It very clearly appears from the testimony of Gresham himself that he did have a duty to perform for the master in regard to trespassers found on the train, to wit: “To carry them to the conductor, ’ ’ and if the conductor told him to put them off, “to pull the engineer down, stop the train, and put them off. ” This fact, under the plaintiff’s testimony as to what occurred, clearly distinguishes this case from the cases of Railroad Co. v. Latham, 72 Miss., 32, and Williams v. Railroad Co., 19 So. Rep., 90.
Affirmed.
Reference
- Full Case Name
- Southern Railway Co. v. Henry Hunter
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Railroads. Trespasser. Wilful injwry by employe. Flagman. A railway company is liable in damages for injuries wilfully inflicted by its employe, a flagman, upon a trespasser by violently ejecting him from a rapidly moving train, when it appears in evidence that it was the duty of the employe to carry trespassers to the conductor, and, if he authorized it, to have the train stopped and put them off. JRaAlroad Go. v. Latham, 73 Miss., 33, and Williams v. Railroad Go., 19 So. Rep., 90, distinguished.