Young v. Southern Railway Co.
Mississippi Supreme Court
Young v. Southern Railway Co., 97 Miss. 483 (Miss. 1910)
52 So. 19
Mayes
Young v. Southern Railway Co.
Opinion of the Court
delivered the opinion of the court.
The demurrer to the amended declaration filed in this case ought to have been overruled. The declaration contains much that is unnecessary for the purpose of stating a cause of action; but, taking into consideration the whole declaration, a case of negligence is sufficiently stated, making the railway company liable if the facts stated are sustained by the proof. Under the allegations the infant was more than a mere licensee, and the case of Railroad Company v. Arnola, 78 Miss. 788, 29 South. 768, 84 Am. St. Rep. 645, does not settle the law of this ease.
Reversed and remanded.
Reference
- Full Case Name
- James Young v. Southern Railway Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Railroads. Injuries to person on track. Employes’ houses. Fronting tracks. Children playing. Knowledge of company. Where a railroad company, for occupancy hy its employes and their families, maintained dwelling houses fronting, near to, and having the usual way of ingress to and egress from them over its tracks, and the children of its employes, residing in the houses, were within the knowledge of the company, accustomed to play on the 'tracks, they were whilé so playing more than mere _ licensees, and the company is liable for the death of one of them caused by mere negligence in the operation of its train.