Mississippi Supreme Court April 15, 1885 (New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. Norwood)

Cooper, J.,

delivered the opinion of the court.

The appellee’s mule was killed by the negligent running of a train upon the defendant’s road. The liability of the company turns upon the question whether the persons in charge of the train were the servants of the company or of one McDonald, an independent contractor, who was engaged in widening a cut in defendant’s road.