Alabama & Vicksburg Railway Co. v. Phillips

Citations

• 70 Miss. 14

Syllabus

<p>1. Instruction. Weight of evidence. Assuming facts.</p> <p>An instruction is not objectionable, as being on the weight of evidence,, because it assumes as true matters proven by both parties, or about which there is no controversy.</p> <p>2. Railroads. Speed in towns. Code 1880, § 1047. Negligence.</p> <p>Although by ?1047, code 1880, running a train within an incorporated town at a greater rate of speed than six miles an hour is per se negligence, it does not follow that running at a less rate of speed is always lawful. Whether it is negligence or not must be determined by the circumstances of each case.</p> <p>3. Same. Accident at crossing. Reasonable precautions. Instruction.</p> <p>In an action to recover of a railroad company for injuries received in jumping from a vehicle to avoid collision with a moving train at a crossing, it is error to instruct for plaintiff that, in determining whether-the engineer did all he should have done to avoid the collision after he saw the vehicle and its danger, the jury might consider certain stated facts which throw no light on that inquiry, hut merely tend to show negligence before seeing the vehicle.</p>