Davis v. Louisville, New Orleans & Texas Railway Co.

Citations

• 69 Miss. 136

Syllabus

<p>1. Contributory Negligence. Apparent danger.</p> <p>The charge of contributory negligence may be avoided by proof that the injury resulted from an act which the defendant required the plaintiff tO' perform, if the act was not apparently dangerous.</p> <p>2. Apparent Danger. Question of fact. Belief of injured person.</p> <p>Whether there was in fact apparent danger is a question for the jury, and the belief of the injured person that the act was attended with danger will not be conclusive.</p> <p>3. Kailroads. Injury to passenger. Contributory negligence.</p> <p>It is not contributory negligence per se for a man accustomed to railway travel to attempt to pass from.a passenger-coach to the baggage-car while the train is moving three or four miles an hour if, after the signal for his station is given, the conductor tells him that the train will not have time to stop, and directs him to hasten to the baggage-car in order to get certain goods preparatory to getting off.</p>