Illinois Central Railroad v. Gray

Citations

• 118 Miss. 612
• 79 So. 812

Syllabus

<p>1. Railroads. Injuries to persons on track. Presumption and hurden of proof. Peremptory instruction.</p> <p>In a suit by a wife and children against a railroad company for the death of her husband, caused by a running train, where the circumstances surrounding the killing are not shown, the plaintiffs are entitled to a peremptory instruction on the question of liability, under Code of 1906, section 1985 (Hemingway’s Code, section 1645), Providing that proof of injury by running cars is prima-facie evidence of negligence.</p>