New Orleans & Northeastern Railroad v. Brooks

Citations

• 85 Miss. 269

Syllabus

<p>1. Railroads. Injury at crossings. Unlawful speed. Code 1892, ? 3546. Evidence. Neglect to give signals.</p> <p>Evidence that defendant railroad company, without giving any signals, ran an extra train in the night time, at a speed in excess of the lawful rate (Code 1892, § 3546) over frequented street crossings, by which a person was hilled, is sufficient to sustain a finding of negligence and to support a verdict for plaintiff against the defendant in an action for the wrongful death of the person so hilled.</p> <p>2. Same. Contributory negligence. Conflict of testimony.</p> <p>In such' case, there being a controversy touching the conduct of the deceased at the time of the injury, one view of the facts exonerating him from negligence, the question of his contributory negligence was properly submitted to the jury.</p> <p>3. Same. Code 1892, l 1808. Prima facie case. Presumption.</p> <p>Where, in an action for death, it was shown that the injury was inflicted by the running of defendant’s train, the statutory presumption that the injury was the result of defendant’s negligence could only be rebutted by clear proof by defendant of facts exonerating it from blame.</p>