Alabama & V. Ry. Co. v. McGee

Citations

• 117 Miss. 370
• 78 So. 296

Syllabus

<p>1. Railboads. Grossing accidents. Contributory negligence. Question for jury.</p> <p>Under the facts in this case, which was a suit for personal injuries to plaintiff through being struck by a train while he was driving over a railroad track at a highway crossing; the court held that in view of the situation and conditions confronting plaintiff at the time, it could not say that he did not act as any other reasonably prudent person would have acted under the circumstances, but that the most that could be said was. that it was a question of fact for the determination of the jury as to whether he was guilty of contributory negligence.</p> <p>2. Railroads. Grossing accidents. Proximate cause.</p> <p>Where in a. suit-for personal injuries from being struck by a-railroad train at night at a highway crossing, plaintiff knew that the train was approaching but thought it was a mile way. In such case defendant’s negligence in operating the train equipped with a defective headlight at great speed without sounding the whistle or ringing the bell was the proximate cause of the injury and .not plaintiff’s contributory negligence.</p> <p>3. Same.</p> <p>The party seeking the benefit of the rule of diminishment of damages must invoke it by requesting proper instructions from the court with reference thereto.</p> <p>4. New Trial. Amount of recovery.</p> <p>Where the driver of a buggy was struck by a railroad train at a public crossing and it did not appear whether the jury found that he was guilty of contributory negligence or not. In such case it was not error to refuse to set the verdict aside because it might have included damages to the buggy as to which damage contributory negligence would defeat, and not merely diminish recovery. '</p> <p>5. Trial. Request for instructions.</p> <p>While it is true that under our concurrent negligence statute Laws 1910, chapter 135 (Hemingway’s Code, section 502), no recovery can be had for damages to property where the injured party is gui