Bell v. Southern Railway Co.
Mississippi Supreme Court
From the circuit court of Leflore county. ILon. Frank E. Larkin, Judge. Bell, the appellant, was. plaintiff in the court below; the railway company was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court.
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From the circuit court of Leflore county. ILon. Frank E. Larkin, Judge. Bell, the appellant, was. plaintiff in the court below; the railway company was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The action was trespass on the case to recover damages sustained by plaintiff by reason of the alleged negligence of defendant’s employes in moving a train of cars, from which plaintiff was unloading coal, causing the mules hitched to a wagon into which the coal was being placed to become frightened and to 'run over plaintiff and injure him. The…
1Opinion of the Court
Whitfield, Ov J.,
delivered the opinion of the court.
The appellant was where he was when injured by the implied invitation of the appellee. Hnder all the testimony, we think the case should have gone to a jury. Whether the company was guilty of negligence, and whether he himself was guilty of contributory negligence, were questions of fact which a jury should have passed upon. So many questions are integrated usually into the solution of the question of negligence, it is so necessary to carefully examine all the circumstances making up the situation in each case, that.it must be a rare case of…
2Cited by19 opinions
- White v. Mississippi Power & Light CompanyMississippi Supreme Court · 1967
- McKinney v. AdamsMississippi Supreme Court · 1909
- Stevens v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1902
- Webb v. BilesMississippi Supreme Court · 1942
- Yazoo & Mississippi Valley Railroad v. HumphreyMississippi Supreme Court · 1903
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