Yazoo & Mississippi Valley Railroad v. Byrd

Citations

• 89 Miss. 308
• 42 So. 286

Syllabus

<p>1. Railroads. Passenger. Contributory negligence. Riding on car platform. Question of fact.</p> <p>Whether a passenger who, when unable to obtain a seat on a rapidly moving railroad train, went upon the platform of a coach and was thrown therefrom by the lurching of the train was guilty of such contributory negligence as to bar a recovery is a question of fact.</p> <p>2. Same. Defense, what essential to.</p> <p>A railroad company cannot ■ escape liability for injuries to a passenger thrown from a train by its lurching, if he were free from contributory negligence, unless the train was operated with reasonable safety and run with care.</p> <p>3. Same. Contributory negligence. When a defense.</p> <p>An action otherwise made out can be defeated on the ground of contributory negligence only where the plaintiff’s negligence caused or materially contributed to his injuries.</p> <p>4. Same. Abandonment of injured passenger,</p> <p>Tlie negligence of a passenger causing him to be thrown from a train will only bar a recovery for damages attributable to the fall, and the railroad company will be liable to him for damages because of neglect to give him proper attention after the accident.</p> <p>5. Supreme Court Practice. Appeal. Modified instruction.</p> <p>An appellant cannot assign error in the supreme court on the modification of an erroneous instruction; if not content with the instruction as modified, he should not have read it to the jury. Mississippi, etc., R. R. Co. v. Hardy, 88 Miss., 732, approved.</p>