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· 10/15/1907

Southern Railway Co. v. Isom

Citations

  • 92 Miss. 82
  • 45 So. 424

Syllabus

<p>1. Railroads. Personal injury. Employe. Praetiee. Reading statute of another state to jury.</p> <p>It is not reversible error in a personal injury case to permit- the reading to the jury of a statute of another state in which the injury was received, although the jury has been already fully instructed as to the law of the case, and such reading might properly be forbidden.</p> <p>2. Same. Contributory negligence. Sitting on bralce.</p> <p>It is not negligence per se for a brakeman to sit on a brake of a flat car; and where the brake is a new patent which by automatic arrangement falls down when not being used, but at the time the brakeman, a minor, seats himself on it, is standing upright, and he had never been notified of its difference in construction from the standard kind in almost universal use, he is not barred of recovery for injury due to its falling down after he had ridden some distance.</p> <p>3. Same. Damages. Yerdiet.</p> <p>Facts considered and a verdict for ten thousand dollars awarded to a brakeman for the loss of one foot and part of another, held not to be excessive.</p>

Judges: Calhoon

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