Lowe v. Alabama & Vicksburg Railway Co.

Mississippi Supreme Court
Lowe v. Alabama & Vicksburg Railway Co., 81 Miss. 9 (Miss. 1902)
Calhoon

Lowe v. Alabama & Vicksburg Railway Co.

Opinion of the Court

Calhoon, I.,

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.

*14Since code, § 1808, cannot be invoked by the plaintiff, the burden of'proof was on her to show willfulness, wantonness, or lack of such reasonable care on the part of the engineer as the. position of the horse apparently demanded to prevent obvious danger. This, we think, she has not done. The horse was at the foot of an embankment, ten or twelve feet below the moving engine, and in a perfectly safe pathway, with a safe egress, when the steam was emitted. It cannot be assumed, and especially in the face of evidence to the contrary, that the emission had reference to the animal. It is not even shown that the ditch was of such dimensions as to indicate danger. The cul de sac cases have no Bearing, because here there was a plain-mode of escape, and the killing was not done on the track. Surely a railroad cannot be held liable fox emitting steam in the usual management of an engine Because it frightened a horse ten feet below, from which fright it jumped in a ditch and broke its neck.

Affirmed.

Reference

Full Case Name
Amanda C. Lowe v. Alabama & Vicksburg Railway Company
Cited By
3 cases
Status
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.