Smith v. Gulfport & Mississippi Coast Traction Co.

Citations

• 95 Miss. 190
• 48 So. 295

Syllabus

<p>1. Street Railways. Injury to pedestrian. Grossings. Pleadings. ■ Sufficiency of declaration.</p> <p>In an action against an electric street railway company, a count in the declaration averring that the defendant had rendered its track dangerous to pedestrians crossing it, at a place much frequented by the public as a crossing, and failed to light the same to warn them of its unsafe condition, whereby the person for whose death the suit was brought stumbled and fell at night on the track near the end of a curve, where the headlight on an approaching car did not show his position, and, being disabled to remove himself therefrom, was killed by a car running at a rapid and grossly negligent speed around the curve, was not demurrable because of its failure to charge, either:</p> <p>■(a) That the crossing was one provided by the defendant; or</p> <p>(6) That the use of the crossing was known to defendant; or</p> <p>-(c) That the crossing was used by the public generally.</p> <p>2. Same. Same.</p> <p>A second count in the same declaration averring that the defendant had rendered the track dangerous to pedestrians using it for a crossing, at the place mostly used by the public in the most populous part of the city, and failed to light the same to warn persons of its dangerous condition, whereby the person for¡ whose death the suit was brought fell 'at night upon the track, was thereby disabled to remove himself therefrom, and was struck by an approaching car after the defendant’s motorman saw, or could have seen, his helpless condition and that the motorman wantonly and negligently failed to stop the car but permitted the same to strike and kill said person, is not demurrable because it failed to charge, either:</p> <p>(а) That the crossing was one provided by the defendant; or</p> <p>(б) That the use of the place for a crossing was known to defendant; or</p> <p>(c) That the place was used for a crossing by the public generally.</p> <p>3. Same. Same.</p> <p>A third coun