Collins v. Southern Railway Co.

42 So. 167, 89 Miss. 375

Opinion

Calhoon, J.,

delivered the opinion of the court.

The place of the accident was in no sense a, depot or flag station. If, notwithstanding that, the appellant had been seen by the engineer holding to the handrail of the moving train, although he had caught hold of it while it was moving, we would have a different case to decide. But there is no averment in the declaration that he was so seen by any operative of the train.

Affirmed.