McMillan v. Southern Railway Co.

Citations

• 75 Miss. 490

Syllabus

<p>Railroad. IAme stoclt on trocís. Conflict of evidence. Peremptory imstiruction.</p> <p>In a suit against a railroad company for killing a horse on its track, in case of conflict of evidence as to whether the horse was killed by the traiD, a peremptory instruction should not be given for defendant, unless, from the evidence showing or tending to show that the animal was so killed, it appear clearly and uncontradict-edly that the servants of the company did everything in their power, after seeing- the horse’s danger, to prevent the injury.</p>