Mobile, Jackson & Kansas City Railroad v. Jackson

Citations

• 92 Miss. 517
• 46 So. 142

Syllabus

<p>1. Juries. Credibility of witnesses. Weight of evidence. Limit of power.</p> <p>Juries are the judges of the credibility of witnesses and of the weight of the evidence, but cannot arbitrarily and capriciously disregard unimpeached testimony supported by all the circumstances in the case.</p> <p>2. Instructions. Evidence.</p> <p>Instructions not predicated of the evidence, or submitting as doubtful a matter on which there is no conflict in the evidence, should not be given.</p> <p>3. Railroads. Drunlcen passengers. Action for death. Conductor’s duty. . ,</p> <p>In an action against a railroad company for the death of a drunken passenger, who was drowned after alighting from the train:</p> <p>v(o) It was error to instruct the jury not to consider his drunkenness but to view his conduct in the same light as they would that of a sober man in like circumstances; because</p> <p>i(&) If a conductor knows that an alighting passenger is so drunk as to be unable to take care of himself, he should deal with him according to his then condition, considering what would reasonably happen to him if left alone where he alights from the train.</p>