Krebs v. Pascagoula Street Railway & Power Co.

Citations

• 117 Miss. 771
• 78 So. 753

Syllabus

<p>1. Steeet Railboads. Collision with automobile. Presumption of negligence.</p> <p>Where in a suit against a street railroad company for damages to an automobile by collision with one of its cars, the evidence clearly showed that the employees on the street car did everything possible to prevent the accident, in such case the prima-faeie presumption of negligence on the part of the street rail-roaa as provided under Code 1906, section 1985 (Hemingway’s Code, 1645) as- amended by Laws 1912, chapter 215, has no application, and a peremptory instruction for the defendant should have been given.</p> <p>2. Negligence. Comparative negligence. Application. Statute.</p> <p>Laws 1910, chapter 135 (Hemingway’s Code, sections 502-503), providing that contributory negligence shall not bar a recovery applies only to personal injuries and not to damage to property.</p>