Burcham v. Robinson

Citations

• 113 Miss. 527
• 74 So. 417

Syllabus

<p>1. Highways. Automobile accidents. Jury case.</p> <p>In a suit by a passenger in a buggy drawn by a mule against the driver of an automobile for injury on the highway, the court held that under the conflicting evidence in this case the question of whether the automobile was being driven at a reckless rate of speed or whether the driver could have, by stopping or turning to the right, avoided the injury, should have been left to the determination of the jury under proper instructions from the court.</p> <p>2. Highways. Duty of automobile drivers.</p> <p>Without any statute on the subject, it was the duty of the driver of an automobile which by its speed and noise was likely to frighten the ordinary country horse or mule, to observe the frightened attitude of an approaching team, and if necessary, to check or slacken his speed, and otherwise to take reasonable precautions to prevent the team from getting beyond control of its driver.</p>