Willis v. Semmes

Citations

• 111 Miss. 589
• 71 So. 865

Syllabus

<p>1. Municipal Corporations. Use of streets. Runaway teams. Presumptions. “Accompany.”</p> <p>When someone is occupying the vehicle to which runaway horses are hitched, then no presumption of negligence arises from the fact that the horses are running away. But, the contrary rule seems to prevail when a runaway team is accompanied by one in charge of the same.</p> <p>2. Runaway Teams. Presumptions. “Accompany.”</p> <p>In a suit for damages caused by a runaway team in the streets of a city, it cannot be said that the fact that a small hoy who appeared to have been the driver of a runaw.ay team was running upon the sidewalk was in charge of or accompanying the team in such sense as to rebut the presumption of negligence. In order to accompany the team in the sense meant by the authorities upon this subject, the fact should appear that the driver or person was in the wagon or in such position as to show that when the runaway started he was actually in control of the team or had hold of the reins.</p>