...trial was made on the following grounds, to-wit : (i.) Because the court charged the jury as follows : "A railroad company shall be liable for any damage...persons, stock or other property, by the running of the locomotive, or cars, or other machinery, of said company, or for damage done by any person in the employment...

...prudent and thoughtful person uses in securing and preserving their own property." Section 2o6e. " A railroad company shall be liable for any damage...persons, stock or other property, by the running of the locomotive or cars or other machinery of such company, or for damage done by any person in the employment...

...person, not a passenger, recover ? The Code is quite broad. Section 3033 declares, in effect, that a railroad company shall be liable for any damage...persons, stock or other property, by the running of locomotives or cars or other machinery of the company, done by any person in its employment, unless...

...injuries sustained by the plaintiffs below bring them within the right of recovery under the words "or for damage done by any person in the employment and service of such company," inasmuch as the negligence complained of did not occur at the time of the injury, yet we do decide...

...& BASSINGER, for defendant in error. WALKER, J. 1. A Railroad Company is liable for any damage.done to persons, stock, or other property, by the running of the locomotives, or cars, or other machinery, unless the company shall make it appear that their agents exercised all ordinary and reasonable care...

...defining the liability of the defendant, as a railroad corporation or company, for damage done to persons by the running of the locomotives or cars, or other machinery of such company, the defendant was not liable, in damages, to the plaintiffs for the injury received by them, on thesfatement...

...construed, together. Section 3033 of that chapter, enacts that such companies shall be liable, first, for any damage done to persons, stock or other property, by the running of trains, or Thompson vs. The Central Railroad and Banking Company. other machinery of such company;...

...non-suit, though its neighborhood to that class seems very near. In section 3033, the Code affirms that " a railroad company shall be liable for any damage...or for damage done by any person in the employment or service of such company, unless the company shall make it appear that their agents have exercised...

...every prudent and thoughtful person uses in securing and preserving their own property. Section 2062. "A railroad company shall be liable for any damage...persons, stock or other property, by the running of the locomotive or cars or other machinery of such company, or for damage done by any person in the employment...

...stock, or other property by the running of the locomotive or cars or other machinery of such companies, or for damage done by any person in the employment and service of such companies, unless it shall appear from the evidence that their agente have exercised all necessary...