Pascagoula Street Railway & Power Co. v. Brondum
Mississippi Supreme Court
Peom; the circuit court of Jackson county. HoN. William H. Uaely, Judge. Brondum, appellee, was plaintiff in the court below; the Street Railway & Power Company, appellant, a corporation, was defendant there. .Prom a judgment in favor of plaintiff' for $6,000, tbe defendant appealed to tbe supreme court. Tbe suit was for tbe alleged wrongful death of plaintiff’s, daughter, a child about six years old.
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Peom; the circuit court of Jackson county. HoN. William H. Uaely, Judge. Brondum, appellee, was plaintiff in the court below; the Street Railway & Power Company, appellant, a corporation, was defendant there. .Prom a judgment in favor of plaintiff' for $6,000, tbe defendant appealed to tbe supreme court. Tbe suit was for tbe alleged wrongful death of plaintiff’s, daughter, a child about six years old. Tbe company operated an electric car line in Pascagoula, and its track along one of the-streets passed in front of a public school house At the time of the injury a large number of the school…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
We are thoroughly satisfied that the first instruction given for the plaintiff is manifestly erroneous. That instruction is as follows: “The court instructs the jury, for plaintiff, that tire undisputed evidence that the death of the daughter of plaintiff was caused by the running of the car of defendant is prima facie evidence of negligence on the part of defendant, authorizing a recovery by the plaintiff unless overcome by testimony exculpating defendant from negligence, to the satisfaction of the jury; that such prima facie proof of…
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