Rhymes v. Jackson Electric Railway, Light & Power Co.

Citations

• 85 Miss. 140

Syllabus

<p>1. Practice. Peremptory instruction.</p> <p>A peremptory instruction should not be given for tbe defendant if tbe state of tbe evidence be sucb that tbe court would not vacate a verdict predicated thereof in plaintiff’s favor.</p> <p>2. Street Railroads. Negligence. Motorman.</p> <p>A motorman who allows bis car to run down a sharp grade, past a number of persons engaged in picking up packages on tbe edge of tbe track, at tbe place of a recent accident, with no control of tbe car, and without sounding an alarm, is guilty of sucb gross negligence as to justify a verdict for injuries to one of the persons engaged, though tbe latter may be .guilty of contributory negligence.</p>