Hines v. McCullers

Citations

• 121 Miss. 666
• 83 So. 734

Syllabus

<p>1. Action. Action for death of wife and daughter in same accident may be joined.</p> <p>Causes of action in favor of the- same plaintiff and against the same defendant, of the same nature, and subject to the same character of defense and judgment may be joined in one declaration, even though the pleas thereto may be different.</p> <p>.2. Same.</p> <p>The rights of action by the same plaintiff for the benefit of the same parties to recover damages for the death of plaintiff’s wife and daughter in the same accident, under Laws 1914, chapter 214 (Hemingway’s Code, section 501), are of the same nature and subject to the same character of defense and judgment and may oe joined in on: declaration.</p> <p>3. Death. Contributory negligence of beneficiary does not bar recovery.</p> <p>An action under Laws 1914, chapter 214 (Hemingway’s Code, sec-501, permitting recovery for death in cases where the injured person could have maintained an action, is not defeated by the contributory negligence of one of the beneficiaries, even to the extent of that beneficiary’s interest.</p> <p>4. Constitutional Law. Contributory negligence rule may be changed by statute.</p> <p>Contributory negligence as a defense in an action for a tort is grounded on the common-law rule that the law will not apportion the consequences of concurring acts of negligence. This rule may be modified or abolished by statute.</p> <p>5. Railroads. Trial instructions on negligence erroneous under evidence as to negligence and causes of injury.</p> <p>An instruction as to the duty of a railroad company to maintain a highway crossing over its tracks in good condition was erroneous where the evidence did not show negligence in the maintainance of the crossing and did not contribute to the accident.</p> <p>6. Railroads. Trial. Instructions on duty to maintain warning sign erroneous under declaration and evidence as to cause of injury.</p> <p>In an action for death of a passenger in an automobile at a railroad crossin