Coleman v. Yazoo & Mississippi Valley Railroad

Citations

• 90 Miss. 629
• 43 So. 473

Syllabus

<p>1. Carriers. Railroads. Passengers. Liability for act of employes. Conductor’s right. Self-defense.</p> <p>A conductor of a passenger train has a right to defend himself from an attack by a passenger, but he has no right to strike a passenger with a pistol for the use of abusive language to him.</p> <p>2. Same. Bystanders. Injuries.</p> <p>If a railroad conductor strike a passenger with' a loaded pistol, not in self-defense, but because of the passenger’s abusive language, and the weapon be discharged by the blow, the company will be liable for damages resulting from the shot to an innocent bystander, although the shooting be at a station and the bystander not a passenger.</p> <p>3. Same. Instructions. Modification.</p> <p>If the trial court modify an instruction which was correct as asked, the party asking it may complain of its erroneous modification on appeal.</p>