Davis v. Light & Tracton Co.

Citations

• 119 Miss. 666
• 81 So. 486

Syllabus

<p>1. Street Railroads. Injuries on track. Duty to ring gong.</p> <p>While a street railway company is primarily under no obligation to sound its gong in the middle of the block or where there are no street crossings, yet this duty is upon the company in operating its car at any point where from the existing conditions it is apparent that the danger of injury to the public at that time and place will be materially lessened by sounding the bell.</p> <p>2. Street Railways. Injury on track. Negligence of motorman. Failure to ring gong.</p> <p>In a suit for injuries to a boy on a bicycle who collided with a street car at the foot of an intersecting driveway down which he' was coasting, it is not a controlling fact that the front end of the- car did not run down or collide with the plaintiff. It was for the jury to say whether the motorman should have sounded his gong and given proper warning of the approaching car and whether his failure to do so contributed to plaintiff’s injury.</p>