Alabama Great Southern Ry. Co. v. Daniell

Citations

• 108 Miss. 358
• 66 So. 730

Syllabus

<p>1. Railroads. Operation. Liability for negligence. Statutes. Trial. Directed verdict. Decree of proof. Infuries to trespassers. Comparative negligence. Instructions. Contributory negligence.</p> <p>Under Code 1906, section 1985, providing that proof, that an injury to persons or property was inflicted by the running of railroad locomotives, or cars, shall be prima facie evidence of the negligence of the company’s employees, it is not necessary any more than it was before its enactment, that the proven facts and circumstances should exonerate the defendant, that is, that it should appear therefrom that he acted with due care, before he can be relieved of liability. Under this statute when the facts and circumstances have been ascertained the jury must be able to say therefrom, that the defendant was guilty of negligence, otherwise he cannot be held.</p> <p>2. Same.</p> <p>In order that the statutory presumption may be overcome the fact and circumstances must not be left to conjecture; the evidence must be of such a character that from it the jury can determine what these facts and circumstances are, but when they have been determined, the statute has served its purpose and can no longer be invoked.</p> <p>3. Trial. Peremptory instruction. Degree of proof.</p> <p>The height to which evidence must rise in the scale of proof in order to entitle a party litigant to a peremptory instruction, is very much greater than that to which it must rise, in order to entitle such a party to the verdict of a jury.</p> <p>4. Railroads. Injury to trespassers. Comparative negligence.</p> <p>While the negligence of a trespasser in going to sleep on a railroad track is very great, still it is for the jury to say in an action for his death, how, under the circumstances, it compared with the negligence, if any, of defendant’s employee, and to then diminish the amount of damages allowed accordingly.</p> <p>5. Railroads. Injury to trespassers. Instructions. Contributory negligence.</p> <p>