Kansas City, Memphis & Birmingham Railroad v. Chiles
Mississippi Supreme Court
Ebom tbe circuit court of Monroe county. Hon. Eugene O. Syees, Judge. Obiles, tbe' appellee, was plaintiff, and tbe railroad company, tbe appellant, was defendant in tbe court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are either stated in, or are clearly inferable from, the opinion of the cpurt. The court erred in refusing the peremptory charge asked on the part of the appellant.
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Ebom tbe circuit court of Monroe county. Hon. Eugene O. Syees, Judge. Obiles, tbe' appellee, was plaintiff, and tbe railroad company, tbe appellant, was defendant in tbe court below. Erom a judgment in plaintiff’s favor the defendant appealed to the supreme court. The facts are either stated in, or are clearly inferable from, the opinion of the cpurt. The court erred in refusing the peremptory charge asked on the part of the appellant. First — Because the speed of the train was not the proximate cause of the injury, and the same could have been avoided hut for the gross negligence of the…
1Opinion of the Court
Teuly, I.,
delivered the opinion of the court.
Appellant contends that it was entitled to a peremptory *364charge in its favor on the trial in the court below. This contention is based on two theories:
Eirst — That the testimony proved beyond a doubt that ap-pellee’s own negligence contributed to his injury, and that the rapid speed at which its train was running through the corporate limits of the town of ISTettleton at the time of the injury was not the proximate cause thereof. The proof shows that appellee was an employe of appellant, and was at the time of the accident on his way home on his…
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