Easley v. Alabama Great Southern Railroad

Citations

• 96 Miss. 396
• 50 So. 491

Syllabus

<p>1. Railboads. Injuries inflicted by running train. Evidence. Code 1906, § 1985. Burden of proof. Conjecture.</p> <p>Under Code 1906, § 1985, providing that proof of the infliction of an injury by the running of the locomotives or cars of a railroad company shall be prima facie evidence of the want of reasonable skill and care on the part of the servants of the company in reference to such injury, a railroad company, after such proof, cannot escape the prima facie case made in plaintiff’s favor by evidence leaving it a matter of conjecture as to how the accident happened, but the defendant must clearly show facts exonerating it from liability.</p> <p>i. Instructions.</p> <p>Instructions must be predicated of the evidence, and are properly refused where they assume matters of fact of which there is no evidence.</p>