Jackson Electric Railway, Light & Power Co. v. Carnahan

Citations

• 95 Miss. 66
• 48 So. 617

Syllabus

<p>1. Street Electric Railways. Person on Trade. Assumption. Danger imminent.</p> <p>While the motorman. of an electric street railway car has the right to assume that a person on or near the track will remove himself from danger,, the law will not permit the indulgence of the assumption beyond the time when the person’s danger becomes imminent.</p> <p>2. Same. Duty of motorman.</p> <p>Where the motorman on an electric street car, seeing that the danger to a person on the track had become imminent, did not make any effort to prevent injury, he was guilty of gross negligence amounting to wilfulness, and the party damaged thereby may recover of the railway company, although himself guilty of contributory negligence in remaining on the track.</p> <p>3. Same. Instruction. Contributory negligence.</p> <p>Where plaintiff was struck hy an electric street ear as he was walking along the track, the court erred in refusing to charge that the motorman was entitled to presume plaintiff would exercise reasonable care and would not continue to walk along the track when he knew the car was coming or should have known it was coming, and if plaintiff did not act in a reasonably prudent manner, and the motorman in handling the car did act with ordinary care, and plaintiff’s negligence proximately contributed to his injury, he could not recover.</p>