Mississippi Central R. R. v. Lott

Citations

• 118 Miss. 816
• 80 So. 277

Syllabus

<p>1. Railroads. Injury to shipper’s employee. Inspection of foreign cars.</p> <p>The general obligation rests upon carriers who furnish cars to shippers to furnish safe and proper cars and to use ordinary-care to inspect the cars in an effort to see that they are reasonably safe, and it is not the duty of the shipper to inspect such cars. In such case, it is immaterial that the cars so furnished were furnished as empties by a connecting carrier.</p> <p>2. Railroads. Personal injury action. Instructions.</p> <p>The instructions in this case as set out in the opinion, were held by the court to be grounded on the implied invitation of the carrier to the servants of the shipper to make proper use of the cars in loading same for shipment, and to state in language approximately correct the proper law of the case, and not to submit to the jury the federal Safety Appliance Act.</p> <p>3. Appeal and Error. Harmless error. Review.</p> <p>In an action by the employee of a shipper against a railroad company for injuries caused by a defective grahiron, while loading a railroad car, the court held that an instruction using the words “by defendant’s negligence” if error, was harmless error.</p> <p>4. Trial. Instructions. Earning capacity. Evidence.</p> <p>Under the facts in this case, the court held that an instruction, allowing the jury to consider the plaintiff’s earning capacity was not erroneous as not being supported by the evidence.</p> <p>5. Damages. Personal injury actions. Instructions. Speculative verdicts. '</p> <p>Under the facts in this case the court held that an instruction that the jury might consider pain or suffering or loss of earning capacity which plaintiff “may” sustain in the future was not erroneous as allowing a speculative verdict.</p> <p>6. Damages. Evidence. Disease resulting from injury.</p> <p>In a suit by an employee of a shipper against a railroad company for injuries sustained by the giving way of a grahiron on a car which caused him to fall and s