Brinkley v. Southern Ry. Co.

Citations

• 113 Miss. 367
• 74 So. 280

Syllabus

<p>Tbial. Peremptory instructions. Evidence.</p> <p>Under Code 1906, section 4043, providing that a railroad company shall be liable for damages sustained by any one from a locomotive or cars running at a greater speed than six miles an hour within the corporate limits of a city or town. In an action for damages to an automobile left upon a railway right of way within corporate limits, the court held that under the facts of the case set out in this record, it was for the jury to say whether or not the injury would have occurred had the railroad been operated at a lawful rate of speed.</p>