Illinois Cent. R. v. Nixon

Citations

• 109 Miss. 308
• 68 So. 466

Syllabus

<p>Trial. Comparative negligence. . Instructions.</p> <p>Where in an action for the death of a person struck by a train, the court charged the jury that, if the railroad company was negligent, and if such negligence was the proximate cause of the injury, and if deceased was also guilty of negligence contributing to his injury, the jury, in fixing the damages, should dimish them in proportion as deceased’s negligence contributed to the injury. It was not error to refuse to further charge the jury that if both deceased and the company were negligent, the jury should allow only such proportion of full compensation as the company’s negligence bore to the total negligence of the two, that, if they were guilty of equal negligence, half compensation should he allowed, and that if deceased was guilty of twice as much negligence as the company, they should allow only one-third of the full compensation.</p>