Hollingshed v. Yazoo & Mississippi Valley Railroad

Citations

• 99 Miss. 464
• 55 So. 40

Syllabus

<p>1. Actions. Negligence. Proof. Variance. Personal injury. Damages. Code 1906, section 1985.</p> <p>In an action for damages for personal injuries where the declaration charges gross negligence and intentional wrong, the plaintiff may recover actual damages where only negligence is shown as the allegation of gross negligence includes'negligence, the greater including the less.</p> <p>2. Want oe Ordinary Care. Actual damages. Physical and menial suffering.</p> <p>In an action for personal injury where the evidence shows that the injury complained of was the result of a want of ordinary care alone on the part of defendant, the plaintiff should recover not only for medical bills and loss of time, but also for physical pain, and mental suffering as the result thereof, as these are all elements of actual damages.</p> <p>3. Code 1906, Section 1985. Prima facie negligence.</p> <p>Code 1906, section 1985, providing that “proof of injury inflicted by the running of the locomotives and cars” shall make out a prima facie ease of negligence is applicable as well where a crowd of witnesses see the injury as where the manner of the injury inflicted is not known to others than the employees of the railroad.</p>