Yazoo & M. V. R. R. v. Mullins

Citations

• 115 Miss. 343
• 76 So. 147

Syllabus

<p>1. Master and Servant. Injuries to servant. Negligence. Evidence*</p> <p>Under section 1985, Code 1906, making injury by a running train; prima-facie evidence of negligence on the part of the railroad company, where the whole evidence in the case shows conclusively that the injury was inflicted by the running of the cars, the burden is upon the railroad to explain the injury and show how it occurred and failing to do this the court should; give a peremptory instruction to find for the plaintiff.</p> <p>2. Master and Servant. Injuries to servant, negligence. Evidence.</p> <p>Section 1985, Code 1906, making injury by a running train primafacie evidence of negligence, is applicable as a rule of evidence in the courts of this state, regardless of whether the cause of action arises under the Federal Employer’s Liability Act (Act April 22, 1908C 149, 35 Stat. 65 U. S. Comp. St. 1916, sections 8657-8665) or under the state law.</p> <p>3. Death. Excessive damages.</p> <p>Where a railroad flagman was killed, leaving his mother, sixty years of age with a life expectancy of fourteen years, to whom the flagman had contributed fifty dollars per month, a verdict for twenty thousand dollars was excessive, and should be reduced to twelve thousand, five hundred dollars where the suit for recovery of damages was under the Federal Employer’s Liability Act, since under this act a recovery of damages is limited to the pecuniary loss to the mother and the damages from the pain and suffering of the deceased from the time he was injured until his death.</p>