Louisville & Nashville Railroad v. Crominarity

Citations

• 86 Miss. 464

Syllabus

<p>1. Railroads. Crossings. Contributory negligence. FaiVu/re to stop.</p> <p>Where, in an action against a railroad company for injuries at a crossing, it appeared that plaintiff approached the crossing when no train was scheduled to pass, and that the view of the track was obstructed, except for the width of the street, and that plaintiff slowed up and looked and listened for a train, he was not guilty of contributory negligence, as a matter of law, for failing to stop.</p> <p>2. Same. Signals. Failure to give.</p> <p>Where, in an action for injuries at a crossing, the complaint alleged negligence on the part of defendant in running a train of ears at an excessive speed through a city and in failing to give the required signals, and it appeared that, not knowing of the approach of the train, plaintiff drove very close to the railroad tracks when the train appeared and frightened his horse, whereby he was injured, a verdict for plaintiff on the theory that the negligence in failing to give signals was the proximate cause of the accident was warranted.</p>