New Orleans, Jackson & Great Northern Railroad v. Mitchell

Citations

• 52 Miss. 808

Syllabus

<p>1. Kaii/koad: Damages. Liability. Instruction.</p> <p>In an action against a railroad company for damages to the person of the plaintiff, it is proper to inquire whether the plaintiff was guilty of such contributory negligence as would forfeit his right to recover of the company for the neglect of its servants; and, where the evidence tends to show such negligence on the part of the plaintiff, the jury should be instructed as to the law on that subject. It is a well-settled principle that it is negligence jn a traveler crossing a railroad to do so without exercising his faculties to ascertain if there is danger in attempting to cross.</p>