Illinois Central Railroad v. McLeod

Citations

• 78 Miss. 334

Syllabus

<p>1. Negligencia. Contributory neyOigence. Passenger in carriage. Drwer.</p> <p>One being driven in a carriage by another cannot recover for damages received because of the negligence of a third party, where the palpable negligence of the driver contributed to the injury, and the party injured was himself guilty of negligence in not taking action to check the driver or remonstrate with him, having opportunity to do so and the danger being apparent.</p> <p>2. Same. Railroads. Crossings.</p> <p>A lack of ordinary care by a person who is injured by a collision with a railroad train at a crossing, will prevent his recovery from the railroad company, although the engineer was negligent in not sounding an alarm for the crossing.</p>