Gulfport & Mississippi Coast Traction Co. v. Hicks

Citations

• 116 Miss. 164
• 76 So. 873

Syllabus

<p>1. Carriers. Passengers. Statutory presumptions. “Running.” Code 1906, section 1985. Laws 1912, chapter 215.</p> <p>Under Code 1906, section 1985, as amended by Laws 1912, chapter 215, providing that in all actions against railroad corporations and all other corporations, companies, partnerships, and individuals using engines, locomotives, or cars of any kind or description whatsoever, propelled by the dangerous agencies of steam, electricity, gas, gasoline, or lever power and running on tracks, for damages done to persons or property, proof of injury inflicted by the running of the engines, etc., shall be prima-faeie evidence of the want of reasonable skill and care, and that the section shall apply to passengers and employees of railroad corporations and other such corporations, etc. The word “running” is not to be literally applied, for otherwise the statute might be given an absurd construction but “run” should be treated as equivalent to the word “operate” and hence the section applies to a passenger on an interurban electric car who was standing on the back platform while the car was stationery awaiting a clear track and was injured by a shock received -from the controller of the car upon which he was standing:</p> <p>2. Carriers. Carriage of passengers. Presumption. Res ipsa loquitur_ Where a passenger on an electric car received a shock while leaning against a controller, and such shock was ordinarily impossible in the absence of negligence, a presumption of negligence on the part of the carrier arises under the doctrine of res ispa loquitur.</p>