Gulf & S. I. R. Co. v. Adkinson

Citations

• 117 Miss. 118
• 77 So. 954

Syllabus

<p>1. Highways. Prescription.</p> <p>A highway is a road or way upon which all persons have the right to travel at pleasure. It is the right of all persons to travel upon a road and not merely their traveling upon it, that makes it a public road or highway.</p> <p>2. Same.</p> <p>This right may be acquired in various ways, one of which is by prescription; but in order for it to be so acquired, the road must be habitually used by the public in general for a period of ten years; and such user must be accompanied by evidence, other than mere travel thereon, or a claim by the public of the right so to do.</p> <p>3. Tbial. Instructions. Support by evidence.</p> <p>Where in a suit against a railroad company, for injuries sustained while driving on a road crossing its track, the only evidence that the road upon which plaintiff was traveling at the time of the injury was, that the road was formerly worked by the public road hands of that vicinity, hut when or for how long a period and hy what authority, did not appear and' for aught that appeared to the contrary, the travel over the road was hy the sufferance or permission of the owners of the land over which it passed. In such case an instruction for plaintiff, that if the road in question was a highway, the railroad’s servants were negligent in failing to ring the hell or blow the whistle as provided hy section 4045, Code 1906, was erroneous.</p> <p>4. Railroads. Accidents at crossings. Duty to stop, look and listen.</p> <p>A traveler upon a road, crossing a railroad track, is guilty of gross negligence in proceeding to cross the track without stopping, looking or listening.</p> <p>5. Trial. Instructions. Characterization of negligence.</p> <p>The degree of negligence hy an injured person is ordinarily a ■ question for the jury, hut where he' exercises no care whatever, for his own safety, the court can very properly, by instruction, characterize his negligence as gross.</p>