Ulmer v. Pistole

Citations

• 115 Miss. 485
• 76 So. 522

Syllabus

<p>lv Municipal’ Corporations. Streets. Duties of automobile drivers.</p> <p>It is negligence for tbe driver of an automobile not to look in both directions when passing a street crossing. ■ †</p> <p>2. Juey. Drawing jury. Prejudice. Evidence. Sufficiency.</p> <p>Under the facts of this case the court held, that defendant was • not prejudiced by the fact that the plaintiff’s brother who was the clerk of the board of supervisors was present, and assisted in the drawing of the juries for the term.</p> <p>3. Trial. Argument of counsel.</p> <p>The fact that the plaintiff’s counsel in his closing argument to the jury spoke of defendants’ instructions as “these little, old, trickey, catchy instructions given for the purpose of misleading an honest jury,” while highly improper, was not reversible error.</p> <p>4. Toby. \Verdict of nine jurors. \Validity. Oonclusiveness.</p> <p>A verdict in a civil case returned by nine jurors is valid and constitutional and the verdict cannot be impeached by any one of the twelve jurors on the jury.</p> <p>5. Damages. Excessive damages.</p> <p>A verdict of ten thousand dollars to a husband for the injury, pain, suffering and death of his wife caused by an automobile collision was not excessive.</p> <p>6. Municipal Corporations. Streets. Speed of travel.</p> <p>The driving of an automobile at an unlawful and dangerous rate of speed, upon a frequently used street in a populous part of a city, is negligence per se. ^</p> <p>7. Municipal Corporations. Streets. Speed of travel.</p> <p>The operator of an automobile is entitled to the reasonable use and enjoyment of the streets and highways so long as he operates his car in a careful and lawful manner, but the negligent and reckless operator who drives his car at a dangerous or unlawful rate of speed in disregard of the rights and safety of others should be held to strict accountability both civilly and criminally for his wrongful conduct.</p> <p>8. Municipal Corporations. Street. Speed of travel