Bridges v. Jackson Electric Railway, Light, & Power Co.

Citations

• 86 Miss. 584

Syllabus

<p>1. Circuit Court Practice. Peremptory instruction. Contributory negligence.</p> <p>Where, iu an action for injuries, plaintiff’s evidence and all just inferences to be drawn therefrom show that his own negligence contributed to produce the injury, it is the duty of the court, though defendant introduces no proof to- support a plea of contributory negligence, to instruct the jury, as a matter of law, that plaintiff cannot recover.</p> <p>3. Same. When cont/ributory negligence a question of law.</p> <p>When the facts are not disputed, arid the inferences or conclusion resulting therefrom are indisputable, the question of contributory negligence is one of law for the court.</p> <p>3. Same. Affirmative defense. When defendant need not produce evidence.</p> <p>A defendant need not introduce testimony to support a plea which is fully sustained by plaintiff’s evidence.</p> <p>4. Street Railways. Passenger’s recklessness.</p> <p>Where a passenger on a street car, inside which there is plenty of room, voluntarily leaves his seat and stands on the car platform, and, while the car is running rapidly, attempts to return to his seat by way of the running board of the car, on a side where he knows there are trolley posts, instead of going down the aisle, he thereby assumes all the risks arising from the position taken by him.</p> <p>5. Same. Trolley posts. Evidence.</p> <p>In an action against a street railway for injuries to a passenger, who, while standing on the running hoard of defendant’s ear, was struck by a trolley post at the side of the track, testimony that the post was slightly nearer the track than two other posts just on each side of it:</p> <p>(a) Does not tend to prove that the post in question was dangerously near the track; nor</p> <p>(B) Does it show gross negligence on defendant’s part, the other posts appearing to have been further from the track than was necessary; nor</p> <p>(c) Does the fact that the accident occurred tend to prove that the post was too