Memphis &. Charleston R. R. v. Whitfield

Citations

• 44 Miss. 466

Syllabus

<p>1. OoaWON ciamubbs — Negligence—Pbima facie.— Stopping the train at an unusual place renders the company presumptively in the wrong to that extent, and the onus' of explaining this neglect is thrown upon them.</p> <p>2. Same — RAttnoA» companies — SlAffiroNS.—Railroad companies are obliged to provide platforms, or safe places-of deposit, for passengers to alight on at their stations, and to deliver passengers on such platforms or safe places of deposit.</p> <p>8. RailBOAds — RassenqJsBs SEtIiSS OFF. — The obligation of a carrier to assist pas- ’ gengers in getting off and on, depends largely upon the nature of his vehicle, the facility with Which access may be had without assistance, and similar circumstances.</p> <p>i. Same. — -A railroad company stopping their train at a place where passengers can, only with difficulty, get out, is bound to assist them to do so.</p> <p>5. Same — Tbain muss be backed if demanded. — Tho conductor is bound, upon the request of any passenger, to move the tram backward or forward so as to enable the passenger to step upon the platform.</p> <p>6. Damages — Mutual negligence. — -Parties to contributory injuries cannot recover for the damages sustained.</p> <p>7. Same — Mutual negligence a question bob toby. — where the gist of the action is negligence, the question whether the defendant has been negligent so as to subj oct him to liability, and whether the plaintiff has been negilent so as to exempt the defendant from liability, is one of fact for the jury under the instructions of tho court as to the applicable principles of law.</p> <p>8. Same. — Caebieks op passengebs by steam — Measube.—There are two general classes of damages for injuries to the person by passenger carriers by steam. 1st. Where compensatory damages only are recoverable, and the measure of damagos or subjects of compensation aro' governed by established rules; 2d. Wherein the rule of law is abandoned and the jury may indulge in sentiment and feeling, or, in other