Jackson Electric Railway, Light & Power Co. v. Carnahan
Mississippi Supreme Court
Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Carnahan, appellee, was plaintiff in the court below; the railway, etc., company, appellant, was defendant there. Prom a judgment in plaintiff’s favor, $955, defendant appealed to the supreme court. Plaintiff, desiring to take a street car in the suburbs of Jackson, came to the track at a place where there was no regular stop.
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Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Carnahan, appellee, was plaintiff in the court below; the railway, etc., company, appellant, was defendant there. Prom a judgment in plaintiff’s favor, $955, defendant appealed to the supreme court. Plaintiff, desiring to take a street car in the suburbs of Jackson, came to the track at a place where there was no regular stop. He saw the car approaching at a rapid rate and signaled for it to stop at the next crossing, about two hundred feet distant ; and, there being no sidewalk, he got in the middle of the…
1Opinion of the CourtFletcher, J.
It is argued on behalf of appellant that a peremptory instruction should have been given for the defendant on the ground that the plaintiff proximately contributed to the injury by his own negligence and that a recovery should not be permitted to stand on the facts shown. We cannot yield to this contention in the light of plaintiff’s testimony, which tended to show that the motorman was guilty of gross negligence, amounting to willfulness and recklessness, of such a character as to warrant recovery in spite of plaintiff’s conceded negligence. Railroad Co. v. Brown, 77 Miss. 338, 28 South.…
2Cases cited2 opinions
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
- Illinois Central Railroad v. BrownMississippi Supreme Court · 1899