Stevens v. Yazoo & Mississippi Valley Railroad

Citations

• 81 Miss. 195

Syllabus

<p>1. Negligence. Peremptory instruction.</p> <p>“So many questions are integrated usually into the solution of the question of negligence — it is so necessary to examine all the circumstances making up the solution in each case — that it must be a rare case of negligence that the court will take from the jury.”</p> <p>2. Railroads. Excessive speed. Frequented place. Code 1892, $ 3546.</p> <p>When a railroad train running in a much frequented part of a city at a rate of speed much greater than that allowed by law (code 1892, $ 3546) and, without giving any signals, strikes a pedestrian moving in the direction in which the train is going, the railroad company is .guilty of recklessness amounting to wilfullDess, and the party injured may recover withoutfreferencejto whether he was rightfully or wrongfully on the track,</p>