Armstrong v. Gulf & S. I. R.

Citations

• 115 Miss. 698
• 76 So. 624

Syllabus

<p>Master and Servant. Action for injury. Question for jury. Negligence and contributory negligence. Instructions.</p> <p>Where a carpenter working under the control and direction of a foreman, repairing bridges for defendant railroad company was returning from his work as usual on a motor car run by his foreman and while the motor car was running at a speed of some thirty-five miles an hour some one -on the c<_r gave the alarm that the car was approaching an open switch whereupon . plaintiff and two others jumped off the car. and was badly injured. In such case whether or not the motor car was being run at an excessivfe and negligent rate of speed under the circumstances, and if so, did the plaintiff have reason to believe and did believe that he was in great danger when he jumped from the car were questions which should have been submitted to the jury and a peremptory instruction for defendant should not have been given even though the motor car in fact entered the open switch safely.</p>