New Orleans & N. E. R. v. Scarlet

Citations

• 115 Miss. 285
• 76 So. 265

Syllabus

<p>1. Master and Servant. Evidence of want of skill. Statute.</p> <p>Laws 1912, chapter 215, providing that in all actions against railroads proof that the injury was inflicted by the running of an engine or cars shall be prima-facie evidence of want of skill and care, being but a rule of evidence, is applicable to a case brought under the Federal Employers’ Liability Act (Act April 23, 1908, ch. 149, 35 Stat. 65, II. S. Comp. St. 1916, sections 8657-8655) since in all matters of procedure the lex fori governs.</p> <p>2. Appeal and Error. Exclusion of testimony. Matters not in record.</p> <p>The supreme court on appeal cannot review the exclusion by the court below of the testimony of a witness where, while the record discloses the question sought to be propounded to the witness, it does not disclose what his answers thereto would have been so that the courts may judge of the materiality and relevancy thereof to the issue being tried, and if material, whether appellant was prejudiced by the exclusion thereof.</p>