Bonds v. Mobile & O. R. Co.

Citations

• 125 Miss. 547
• 88 So. 161

Syllabus

<p>Railroads. Burden imposed ty prima facie statute.</p> <p>Under our prima-facie statute (section 1985, Code of 1906; section 1645, Hemingway’s Code), where it is shown by proof that the injury was caused by the running of cars, and it is also established that the speed of the cars was unlawful at the time of the injury, it is incumbent upon the railroad company, before it is entitled to a peremptory instruction, to explain and show how the injury occurred, and that it was not proximately caused by its negligence in the running of the cars at an unlawful rate of speed; and, unless the evidence exonerates the railroad.company from negligence proximately causing the injury, the burden imposed by the prima-facie statute has not been met.</p>