Alabama & Vicksburg Ry. Co. v. McCoy

Citations

• 105 Miss. 737
• 63 So. 221

Syllabus

<p>Railkoads. Crossings. Accident. Evidence. Code 1906, section 1895.</p> <p>In a suit against a railroad company caused by its running trains, where the evidence showed that deceased while reading his mail walked out upon the railroad track at a private crossing just in front of a rapidly moving train without either stopping or looking or listening, and that it was not within the power of the servants of the railroad in charge of the train to have prevented the killing after he got upon the track; the prima facie case provided in section 1985, Code 1906, was met and a peremptory instruction for the defendant should have been given.</p>