Billingsley v. Illinois Central R. R.

Citations

• 100 Miss. 612
• 56 So. 790

Syllabus

<p>1. Appeal and Eeror. Evidence. Peremptory instruction. Proximate cause. Contributory negligence. Signals. Statutory presumptions. Code of 1906, section 1985.</p> <p>The supreme court on an appeal from a judgment for the defendant based on a peremptory instruction, must resolve a conflict in the evidence in favor of the plaintiff and assume that his testimony is true.</p> <p>2. Proximate Cause. Negligence.</p> <p>In order for liability for injury to be fastened on a defendant, it is necessary that its negligence should be the proximate cause of the injury, and to constitute “proximate cause” there must be causal connection between the injury and the negligence.</p> <p>3. Statutory Signals. Proximate cause. Negligence. Injury to persons.</p> <p>Where a defendant railroad was negligent in failing to give the signals for crossing as required by law, the plaintiff cannot complain, where she saw the train long before it reached the crossing and in such case there was no casual connection between the failure to give the signal and the plaintiff’s injury.</p> <p>4. Contributory Negligence. Railroads. Injury to persons.</p> <p>A mother who saw her seventeen months old infant on or near a railroad track and seeing an approaching train immediately ran to the rescue of the child, and was struck by the train as she crossed the track, was not guilty of contributory negligence.</p> <p>5. Code 1906, Section 1985. Prima facie evidence.</p> <p>Under Code of 1906, section 1985, so providing, the simple proof of injury by the running of railroad cars is prima facie evidence of liability, but this presumption in all cases must yield to the facts and when all the facts relating to the injury are in evidence and there is no conflict, the court has a right to draw a conclusion based on the facts and in a proper case to give a peremptory instruction as the facts may justify.</p> <p>6. Same.</p> <p>Where a party is injured by a running train, positive, direct evidence as to the time when