Yazoo & Mississippi Valley Railroad v. Grant

Citations

• 86 Miss. 565

Syllabus

<p>1. Railroads. Carrier of passengers. Negligence. Contracts against liability fur.</p> <p>A common carrier cannot contract against liability for damages arising from its own negligence.</p> <p>2. Same. Free pass. Person using injured.</p> <p>A stipulation printed on a railroad pass to the effect that the person accepting it, “in using the same, agrees not to hold the company liable for any damage to his person or property under any circumstances whatever,’’ will not acquit the railroad company from liability to a person traveling on the pass for personal injuries caused by the negligence of the company’s employes.</p> <p>3. Circuit Court Practice. Pleadings. Code 1892, $ 686. Evidence.,</p> <p>Under Code 1892, § 686, providing that all affirmative defenses .must be specially pleaded or notice of them given under the general 'issue, in a suit by a passenger against a railroad company for personal injuries, evidence is inadmissible by defendant to show that the plaintiff was traveling on a free pass, containing an agreement not to hold the company liable for his injuries, where defendant has not pleaded the facts nor given notice thereof under the general issue.</p> <p>4. Evidence. Order of introduction. Cross-examination.</p> <p>Special affirmative matter in avoidance of plaintiff’s cause of action is properly rejected when it is sought to inject it into plaintiff’s testimony before he has closed his case.</p> <p>5. Damages. Excessive.</p> <p>Evidence examined and conclusion reached that ten thousand dollars was not an excessive recovery in the ease.</p>