Mobile & Ohio Railroad v. Mullins

Citations

• 70 Miss. 730

Syllabus

<p>Instruction. Contributory negligence. Question for jury.</p> <p>In an action ágainsfc a railroad company for damage to horses transported, where the question is the alleged contributory negligence.of plaintiffs, in ' failing to feed the horses at a certain station, whereby, it is claimed, they became weak and more subject to injury, it is error to charge, as matter of law, that plaintiffs were not negligent as to this, if they were informed by an employe of defendant that the cars containing the horses would not be delayed at such station. In such case, the question of contributory negligence is one of fact for the jury.</p>