Lowe v. Alabama & Vicksburg Railway Co.
Lowe v. Alabama & Vicksburg Railway Co.
Opinion of the Court
delivered the opinion of the court.
This case does not fall within the provisions of code, 1892, § 1808, in reference to injuries “inflicted by the running of locomotives or cars.” The horse was not killed by such running, but was off the track, and, from fright, left its path of safety, fell in a ditch, and broke its neck — a curious result, which no one could have foreseen or reasonably apprehended. Illinois, etc., R. R. Co. v. Weathersby, 63 Miss., 581; New Orleans, etc., R. R. Co. v. Thornton, 65 Miss., 256; Mobile, etc., R. R. Co. v. Holt, 62 Miss., 170.
Affirmed.
Reference
- Full Case Name
- Amanda C. Lowe v. Alabama & Vicksburg Railway Company
- Cited By
- 3 cases
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- Published
- Syllabus
- Railroads, lAme stock on or near track. Evidence. Code 1893, 1 1808. “Cul de sac” cases. Where a horse became frightened by a railroad train and ran along, parallel to the road, at the foot of an embankment upon which the train was passing, and because of the emission of steam from the locomotive suddenly turns from its course, along which it could have safely passed, and falls or jumps into a ditch, inflicting upon itself fatal injuries— (a) The case is not within Code 1893, $ 1808, making proof of injury by the running of railroad locomotives or cars prima facie evidence of the want of reasonable skill and care on the part of the servants of the railroad company in reference to such injury; (b) The “ cul de sac” cases have no application; and, (c) Without evidence to show willfulness, wantonness or lack of reasonable care on the part of the servants of the railroad company it is not liable, and a peremptory instruction for it is proper.