McKenna v. Alabama & Vicksburg Railway Co.

Citations

• 87 Miss. 652
• 40 So. 426

Syllabus

<p>1. Railroads. Crossing gate. Injury to pedestrian.</p> <p>A railroad company is not liable for injury to a pedestrian who, while crossing its track in broad daylight,'was struck by the descending beam of its gate used to stop passage when the track was needed for the movement of ears, no negligence in the operation of the gate being shown and it appearing that any person would see the beam, walking as the average person would.</p> <p>3. Same. Negligence. No statutory presumption. Code 1893, § 1808.</p> <p>An injury resulting from the operation of a railroad gate at a street crossing does not give rise to the statutory presumption of negligence attending injuries inflicted by the running of railroad cars and locomotives; under Code 1893, § 1808.</p>