Allen v. Yazoo & Mississippi Valley Railroad

Citations

• 88 Miss. 25
• 40 So. 1009

Syllabus

<p>1. Railroads. Pleadings. Declaration. Demurrer. Negligence.</p> <p>A declaration against a railroad company by a section laborer, injured in a collision between a passenger train and a hand car, averring that the injury was caused by the concurrent negligence of a section foreman, plaintiffs superior officer, and the employes operating the passenger train, is not demurrable.</p> <p>2. Same. Negligence rarely a question of law.</p> <p>“So many questions are integrated usually into the solution of the question of negligence, it is so necessary to carefully examine all the circumstances making up the situation in each case, that it must be a rare case of negligence which the court should take from the jury.” Stevens v. Yazoo, etc., R. R. Oo., 81 Miss., 195; Bell v. Southern Ry. Oo., 87 Miss., 234.</p>