Korter v. Gulf & Ship Island Railroad

Citations

• 87 Miss. 482
• 40 So. 258

Syllabus

<p>1. Railroads. Injury to persons on trade. Negligence. Code 1892, § 1808.</p> <p>The statutory presumption of negligence, under Code 1892, § 1808, making proof of injury inflicted by the running of the locomotives or cars of a railroad company prima facie evidence of liability on the part of the company, ceases to be controlling upon the introduction of testimony showing all the facts of the case, and it makes no difference that one or more óf the witnesses by whom the facts were shown have been impeached if others who testify ■ to all of the facts remain unimpeached.</p> <p>2. Same. Concrete case.</p> <p>The statutory presumption of negligence in case of injury from the running of a train is overcome by evidence showing that as soon as the rear brakeman of a train, backing at a speed of two to four miles an hour, saw a pedestrian, whether a trespasser or a licensee, turn and walk across the track in proximity to and in plain sight of the backing train, he gave the signal to stop, and it was immediately acted on by the engineer.</p> <p>3. Witnesses. Impeachment.</p> <p>Impeaching by contradictory statements the testimony of one or more witnesses who testified to certain facts does not impeach or affect the testimony of other witnesses who testified to the same matters.</p>