Louisville, New Orleans & Texas R. R. v. Natchez, Jackson & Columbus R. R.

Citations

• 67 Miss. 399

Syllabus

<p>1. Railroads. Damage by fire from locomotive. Presumption of negligence. Code 1880, § 1059.</p> <p>Damage by fire communicated by a train is within the meaning of § 1059, code 1880, which provides that proof of injury inflicted by the running of locomotives or cars of a railroad company shall be prima facie evidence of want of reasonable skill and care on the part of the company.</p> <p>2. Same. Burden of proof. Contributory negligence. Instructions.</p> <p>In a suit against a railroad company for damage by fire communicated by its running train, it is proper to refuse instructions which impose on plaintiff the burden of showing negligence on the part of defendant, and also that plaintiff himself was free from negligence.</p> <p>3. Evidence. Opinion. Common knowledge. Case in judgment.</p> <p>Where the evidence tends to show that plaintiff’s cotton on the platform and on flat cars at a station was burned by fire communicated by a passing train of the defendant, and the latter has introduced evidence to show unnecessary exposure by plaintiff of the cotton to danger,, it is not competent to introduce as evidence the opinion of a witness as to whether the cotton would have burned if loaded in box cars or covered with tarpaulins, this being a matter of common knowledge.</p>