Gulf & S. I. R. v. Prine

Citations

• 118 Miss. 90
• 79 So. 62

Syllabus

<p>1. Courts. Jurisdiction. Federal questions.</p> <p>The state courts have jurisdiction of actions for the death of-soldiers of the Mississippi National Guard caused by the negligence of a railroad company.</p> <p>2.' Railroads. Injuries to persons. Question for jury.</p> <p>Notwithstanding Code 1906, section 1985 (Hemingway’s Code, section 1645), making railroads prima-facie negligent where a party is killed by a running train, under the facts as set out in its opinion the court held in this case that the question of negligence of the railroad was for the jury.</p> <p>3. Trial. Peremptory instruction.</p> <p>The rule in giving a peremptory instruction is that conceding all the facts to he true which the testimony tends to establish, and drawing all inferences favorable to the other party which may be drawn logically from the testimony, there is no defense made, or nothing to be submitted to the jury!</p>