Bonelli v. Branciere

Citations

• 127 Miss. 556
• 90 So. 245

Syllabus

<p>1. Negligence. Truck driver’s negligence held question for jury.</p> <p>In a personal injury action where there is a verdict and judgment for the plaintiff and on appeal the defendants contend that the trial court erred in refusing to direct a verdict for the defendants because the evidence did not tend to establish liability, and it appears from the evidence in the record that there is much doubt and confusion on the issue of liability, but during the trial, as authorized by statute, the trial judge, jury, the plaintiff who was on the witness stand at the time, and the attorneys for the respective parties, visited the locus in quo, and there the plaintiff testified in the presence of the court and jury as to just how the injury occurred, pointing out and demonstrating his position and conduct at the time of the injury as well as that of defendants’ driver and truck which caused the injury, Which demonstrations the court repo'ter did not and could not exactly translate into the record, such evidence considered in connection with the other evidence in the record, will be presumed to have cleared up such confusion and doubt in the minds of the jury; therefore in uch a case the question of liability is one for the jury.</p> <p>2. Negligence. Proximate cause of injury by truck striking gate held for jury.</p> <p>Every negligent act does not carry with it liability of the guilty person for any and all injury to others. Liability follows only when such negligent act is the proximate cause of the injury complained of. The guilty person must have reasonably anticipated, that some injury might result to another from his wrongful act But the evidence in this case tended to show that the driver of the truck in question knew or should have reasonably anticipated, when the truck struck the gate while the plaintiff was in the act of closing it, some injury might result therefrom to the plaintiff; therefore it was a question for the jury as to the proximate cause of the injury.