Chicago, St. Louis & New Orleans R. R. v. Trotter
Mississippi Supreme Court
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The appellee, while attempting to enter a passenger coach of the appellant company in the night time, fell from the platform of the ear and received injuries on account of which she brought suit and recovered a verdict for seventy-five hundred dollars. It was a starlight night in August. The natural light was sufficient to enable persons to move about in any direction without difficulty.
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Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The appellee, while attempting to enter a passenger coach of the appellant company in the night time, fell from the platform of the ear and received injuries on account of which she brought suit and recovered a verdict for seventy-five hundred dollars. It was a starlight night in August. The natural light was sufficient to enable persons to move about in any direction without difficulty. There were no lights (lamps) on the platform of the depot, but the cars were as well-lighted as passenger cars usually are.…
1Opinion of the CourtCampbell, C. J.
The eighth and ninth instructions for the appellee should not have been given. They announced that if the fall of the plaintiff could have been averted by the skill or care of the defendant or its servants the plaintiff was entitled to recover. This made the defendant responsible, if by any precaution the mishap to the plaintiff might have been prevented, and although the jury was instructed at the instance of the defendant that it was not required of defendant to have persons at the entrance to the car to assist the plaintiff on and keep her from falling, it is manifest that the jury *423took…
2Cited by1 opinion
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