New Orleans & Northeastern R. Co. v. Lewis
| Decision Date | 28 April 1952 |
| Docket Number | No. 38384,38384 |
| Court | Mississippi Supreme Court |
| Parties | NEW ORLEANS & NORTHEASTERN R. CO. v. LEWIS. |
Cameron & Cameron, Meridian, for appellant.
Easterling & Easterling, Laurel, for appellee.
Willie Lewis recovered a judgment in the Circuit Court of the First Judicial District of Jones County against the New Orleans and Northeastern Railroad Company for damages for personal injuries alleged to have been sustained by him as a result of a collision between the defendant's train and the plaintiff's automobile at a public railroad crossing in the Town of Ellisville, and from that judgment the defendant prosecutes this appeal.
The negligence charged against the railroad company in the plaintiff's declaration was that the defendant's servants operating the train failed to sound any warning of the train's approach to the railroad crossing; that the defendant had negligently and carelessly constructed its railroad tracks over and across the street on which the plaintiff was driving his automobile, in that the level of the defendant's main line track was several inches higher than the level of the defendant's side track and spur track at the street crossing, and that the defendant had completely obstructed the plaintiff's view of the approaching train by parking camp cars immediately south of the street crossing without leaving a sufficient opening to enable the plaintiff to see the approaching train, and that no warning signals were given and no flagman stationed at the street crossing to give warning of the approaching train.
The accident occurred about 10:00 o'clock on Saturday morning, April 7, 1951, at a point where a public street running eastwardly from U. S. Highway No. 11 crosses the appellant's railroad tracks in the Town of Ellisville. There were three railroad tracks at the crossing, the main line track, a spur track on the west side of the main line track, and a side track east of the main line track. The spur track on the west side was 9.7 feet from the main line track, and the side track on the east side was 9.67 feet from the main line track. The spur track, by actual measurement, was 3 1/8 inches lower than the main line track, and the side track was 4 3/4 inches lower than the main line track. The surface at the crossing was of asphalt construction. Several witnesses testified that the crossing was rough; and the assistant city engineer of the City of Laurel, who testified as a witness for the appellant, stated that 'it isn't a smooth crossing.'
The plaintiff testified that he had left Lonnie Knight's Filling Station, which was situated on U. S. Highway No. 11, and was driving eastwardly in a 1935 model Chevrolet automobile across the railroad tracks when the accident occurred. He stated that when he came to the railroad stop sign at the west edge of the railroad right of way, he stopped his automobile and looked to see whether a train was approaching; that he saw no train and heard no train, and that no bell was ringing and no whistle was being sounded; that his view southwardly, however, was almost completely obstructed by several camp cars or box cars which were parked on the spur track south of the crossing and within eight feet of the crossing. The plaintiff then proceeded across the railroad tracks driving his 1935 model Chevrolet in second gear, and was hit by the oncoming north-bound train before he was able to clear the main line track. The plaintiff denied that he stopped the automobile on the track, and stated that the automobile was moving when the train hit it.
Cook Lewis testified that he operated the Gulf Service Station which was located near the railroad crossing where the accident occurred. He had just driven across the tracks from the east and turned into his service station as the plaintiff approached the crossing, and he had just parked his automobile at his wash rack when he heard the train hit the plaintiff's automobile. He testified that the train whistle was not blowing and the bell was not ringing when he crossed the railroad track just prior to the accident. He testified that camp cars were parked on the west spur track on both sides of the crossing, so that 'just barely two cars could get through there.' He testified that the driver of an automobile approaching the crossing from the west could not have seen a train coming from the south.
John William Easterling testified that he went to the scene of the accident about two hours after the accident occurred and saw that the railroad cars were parked on the spur track 'right up to the street.' R. T. Hood testified that he was at the scene of the accident a few minutes after it happened; that he approached the crossing from the west and saw a lot of box cars to the right of the crossing, and that when he drove upon the west track he could not see down the railroad track to the right until he got on the main line because of the parked box cars. He stated that he was not close enough to the crossing when the accident occurred to know whether the train whistle was sounded or the bell rung or not. Lonnie Knight testified that he operated a gasoline service station on Highway No. 11; that he went over to the railroad crossing after the accident had occurred; that he noticed the camp cars parked on the west side track and a pile of wood on the bank near the cars. He stated that there were four, five or six cars on the side track, and the first car next to the crossing was parked six or eight feet from the street itself. He stated that the driver of an automobile approaching the track from the west would have had to drive up on the main line track before he could see down the track, because of the way in which the box cars were parked on the side track.
Monroe Hughes, the engineer, testified that on the morning when the accident occurred he was approaching the crossing with the bell ringing and the whistle blowing; that when he reached a point about 200 feet from the crossing he saw the plaintiff drive his automobile on the crossing; that the automobile came to a dead stop on the crossing when the engine of the train was about 120 or 125 feet from the crossing; that he immediately applied his brakes, but could not stop the train in time to avoid hitting the automobile. The engineer testified that he was running about 20 or 25 miles per hour; that the bell had been ringing for about a quarter of a mile, and that he was keeping a lookout and was blowing the whistle for the crossing. When he saw that the automobile had come to a stop on the track he had to turn the whistle aloose until he could apply the brakes. He estimated that five or six seconds elapsed between the time that the automobile stopped on the crossing and the time that the engine struck the automobile. He testified that the brakes on his train were the best that could be had. He testified that he knew that the camp cars were parked on the spur track south of the street crossing.
R. E. Dill, the fireman, testified that the bell of the engine had been ringing for about a half mile before the train reached the crossing, and that the whistle had been sounded at the crossing about a half mile south of the place where the accident occurred, and that the engineer again sounded the whistle as he approached the crossing where the accident occurred. The fireman testified that the train was traveling at a rate of speed of about 25 miles per hour; that the engine was about 200 feet south of the crossing when he saw the automobile roll up on the railroad track. He testified that the engineer continued to blow the whistle until he struck the automobile and that he did not shut the whistle off to apply the emergency brakes. On this point he contradicted the statement of the engineer. The fireman testified that the camp cars were about 50 feet from the crossing. He testified that the plaintiff was driving at a rate of speed of about 5 or 6 miles an hour when he drove on the track, and that he could not see the plaintiff until he came fame behind the camp cars.
F. L. Dennis, the baggage master on the train, testified that the engineer blew the whistle for the crossing, but that he could not say whether the bell was ringing as the train approached the crossing or not. He testified that the engineer blew the whistle right on up to the time that he struck the automobile.
Miss Laura Nell Hough and Mrs. Esther McGrew testified that when the accident occurred they were crossing the railroad tracks at another crossing about one block north of the place where the accident occurred, and...
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Elam v. the Kan. City Southern Ry. Co.
...a duty to exercise reasonable care to avoid injuring [the driver] at the railroad crossing.” Id. (citing New Orleans & N.R. Co. v. Lewis, 214 Miss. 163, 58 So.2d 486, 490 (1952)). We also observed the engineer “can be held personally responsible for negligent acts committed within the scope......
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Ill. Cent. Gulf R.R. Co. v. Travis
...to substitute its judgment for that of the jury’ on the factual issue thus presented.” New Orleans & Northeastern R. Co. v. Lewis, 214 Miss. 163, 175, 58 So.2d 486, 491 (1952) (quoting Yazoo & Mississippi R.R. Co. v. Pittman, 169 Miss. 667, 153 So. 382, 384 (1934)). To reverse and render th......
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Ill. Cent. Gulf R.R. Co. v. Travis, 2011-CA-00091-SCT
...to substitute its judgment for that of the jury' on the factual issue thus presented." New Orleans & Northeastern R. Co. v. Lewis 214 Miss. 163, 175, 58 So. 2d 486, 491 (1952) (quoting Yazoo & Mississippi R.R. Co. v. Pittman, 169 Miss. 667, 153 So. 382, 384 (1934)). To reverse and render th......
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Elam v. The Kan. City Southern Ry. Co.
...owed a duty to exercise reasonable care to avoid injuring [the driver] at the railroad crossing." Id. (citing New Orleans & N.R. Co. v. Lewis, 58 So. 2d 486, 490 (1952)). We also observed the engineer "can be held personally responsible for negligent acts committed within the scope of his e......