Mobile & Ohio Railroad v. Carpenter

Citations

• 104 Miss. 706
• 61 So. 693

Syllabus

<p>1. Evidence. Declarations as to pain. Master and servant. Action for injuries. Argument. Comment on witness. Negligence.</p> <p>Declarations of present pain and suffering, no matter when or to whom made, are admissible as original evidence in all injuries where pain and suffering constitute a question involved in the case.</p> <p>2. Master and Servant. Frame of mind of servant. Evidence. Injuries.</p> <p>Where, in a suit for personal.injuries against a railroad company caused by the negligent handling of defendant’s engine while switching, plaintiff’s declaration alleged that the servants of defendant handling the engine were in a “reckless and angry state of mind” and that the engine was handled in reckless disregard of consequences, it was proper for the court to admit testimony of such conduct and expressions as would show the frame of mind of the men while doing the switching, so that the jury could judge whether the act resulted from such carelessness and recklessness. '.</p> <p>3. Trial. Argument. Comment of counsel on witnesses.</p> <p>In a suit for personal injury against a railroad company the remarks of plaintiff’s counsel in his concluding argument that “If a statement was made by a railroad man as to how and where an injury happened, every railroad man from Mobile to St. Louis would swear it to be that way,” etc., while improper was not reversible error.</p> <p>4.. Damages. Negligence. Personal injury. Measure of damages.</p> <p>In a suit for personal injury the measure of compensatory damages, is such an amount as will fully compensate the plaintiff for the injuries sustained, including pain and suffering endured on account thereof, loss of time and earning capacity caused by the injury and permanent injury, if any, such amount to be diminished in proportion to the amount of negligence attributable to him.</p> <p>5. Master and Servant. Negligence in switching cars.</p> <p>Where a servant of a railroad while loading a car on a sidetrack with logs, was