McTighe, Hughey & McTighe v. Johnson

Citations

• 114 Miss. 862
• 75 So. 600

Syllabus

<p>1. Appeal and Error. Harmless error. Admisibility of evidence.</p> <p>In a suit against road construction contractors for damages caused by their negligently leaving dynamite in a vacant house, any error in admitting evidence regarding dynamite left at other places, and at other times, by defendant’s employees was not reversible error, where there was ample testimony that defendant stored dynamite in the house where the accident happened.</p> <p>2. Explosives. Use of dynamite. Oare required.</p> <p>The degree of care required of persons having the possession and control of dangerous explosives, such as dynamite, is of the highest, the utmost caution must be used to the end that harm may not come to others coming in contact with them.</p> <p>3. Explosives. Proximate cause. Injury from dynamite.</p> <p>Parties leaving dynamite unguarded in vacant dwelling houses should anticipate that the house would he reoccupied by someone and if reoccupied, that small children would he there to play in and about the premises and such dynamite might result in injuring them.</p> <p>4. Trial Instructions. Oare by other instructions.</p> <p>In an action against road construction contractors for negligently leaving dynamite in a vacant dwelling house where plaintiff, an infant, was injured, an instruction that it was no defense whatever, that the house was vacant, while literally not correct, was not reversible error, where the instruction further contains the essential hypothesis that the jury must believe from the evidence that the defendant negligently left exposed the dynamite which injured the plaintiff.</p>