Illinois Cent. R. v. Handy

Citations

• 108 Miss. 421
• 66 So. 783

Syllabus

<p>1. Railroads. Accident at crossings. Negligence. Speed. Appeal and error. Right to allege error. Invited error. Death. Damages.</p> <p>The running of a railroad train within the limns of a city, at a greater rate of speed than six miles an hour, is unlawful and is negligence per se, and where decedent, for whose death suit is brought, would have crossed the railroad track before he was struck, if the train had been running at a rate of speed not ex- ■ ceeding six miles an hour, under the concurrent negligence statute, (Laws 1910, chapter 135), the railroad company was liable for at least a part of the damages, and it was proper for the court to instruct the jury to find for the plaintiff.</p> <p>2. Appeal and Error. Invited error-. Bight to allege error.</p> <p>Where the defendant requested instructions for submission of decedents’ contributory negligence to the jury, and no request was made to charge that decedent was negligent as a matter of law, defendant' cannot object on appeal that an instruction submitting such matter to the jury was granted to the plaintiff.</p> <p>3. Death. Excessive damages.</p> <p>A verdict awarding plaintiff twenty-five hundred dollars in an action for death, is not so excessive as to evince passion and prejudice on the part of the jury.</p>