Louisville, New Orleans & Texas Ry. Co. v. Suddoth

Citations

• 70 Miss. 265

Syllabus

<p>1. Railroads. Killing stock. Negligence. Instruction.</p> <p>In an action against a railroad company for killing a horse on its track, where there is evidence tending to show negligence on the part of the engineer, an instruction is erroneous which declares disjunctively that defendant is not liable if the employes used reasonable care to avoid the injury, or, after seeing the animal, it was impossible to stop the train in time to avoid the injury. The impossibility of stopping after seeing the danger could not relieve from previous negligence, if such there was.</p> <p>2. Erroneous Instruction. Modification of; who may complain.</p> <p>One who has asked an erroneous instruction cannot assign for error its modification, for, if not content with it as modified, he should have declined to read it to the' jury.</p>