Nichols v. Gulf & Ship Island Railroad

Citations

• 83 Miss. 126

Syllabus

<p>1. INSTRUCTIONS. Harmless error.</p> <p>If a defendant be entitled to a peremptory instruction, which is refused him, a verdict in his favor will not be set aside or a judgment thereon reversed because of other instructions, however erroneous, given at his request.</p> <p>2. Railroads. Evidence. Code 1892, \\ 1808. Presumptions.</p> <p>Code 1892, § 1808, making proof of injury inflicted by the running of locomotives or cars ■prima fade evidence of the want of skill and care on the part of the servants of the railroad company, cannot be invoked where all the circumstances connected with such an injury are proved.</p> <p>3. LICENSEE. Ordinary care. Contributory negligence. Suit for death.</p> <p>A licensee is charged with the duty, at least, of ordinary care to ayoid injury; if he disregard information and voluntarily place himself in a position of obvious danger, relying upon the care of others for protection, and is killed in consequence thereof, his contributory negligence will defeat a recovery by his personal representative for his death.</p> <p>4. Administbatob. Suits by. Costs. Code 1892, $ 8S1. Certificate of probable cause. Voluntary bond.</p> <p>Where a verdict is rendered against an administrator in a suit brought by him, and he obtain a certificate from the court, under Code 1892, § 881, exempting him personally from costs upon such certificate, that there was probable cause for bringing the suit, a judgment for costs should not he rendered against the sureties on a voluntary bond given by the plaintiff limiting their liability to the payment of such costs as might- be adjudged against the plaintiff individually.</p> <p>5. Cost Bonds. Voluntary. Code 1892, l 9'46.</p> <p>Code 1892, § 946, providing that bonds executed in any legal proceeding shall, when received and acted upon as valid, be binding as if made in full compliance with law, no matter how defective, has no application to voluntary bonds, and a cost bond is a voluntary one if given in a suit