Campbell v. Gulf, M. & N. R.

Citations

• 126 Miss. 438
• 89 So. 1

Syllabus

<p>1. Trial. Direction of verdict improper, where evidence conflicting. A verdict should not be directed, where the evidence is in conflict.</p> <p>2. Railroads. Negligent hilling of child shown.</p> <p>In an action against a railroad company to recover damages for the death of a child, killed by being struck by one of the company’s trains, the jury would be warranted in finding that the ■ child was struck because of the negligence of the engineer of the train, ■ if it appears from the evidence that the child was on the track as the train approached, and was struck while attempting to escape, if it further appears that the enginees saw the child in ample time, but did nothing, to prevent the train from striking it.</p>