Mobile & Ohio Railroad v. Mullins

Mississippi Supreme Court March 15, 1893

Mobile & Ohio Railroad v. Mullins, 70 Miss. 730 (Miss. 1893)

Campbell

Opinion of the Court

Campbell, C. 'J.,

delivered the opinion of the court.

Without further remark, we will reverse the judgment because of the second instruction for the plaintiffs, which, in*733stead of leaving to the jury to determine as to failure to feed at Meridian, announces as a legal proposition that negligence is not predicable of that. It is a question of fact, as to which the law has no view.

Reversed and remanded.

Reference

Full Case Name: Mobile & Ohio Railroad Co. v. W. W. Mullins
Cited By: 1 case
Status: Published
Syllabus: Instruction. Contributory negligence. Question for jury. In an action ágainsfc a railroad company for damage to horses transported, where the question is the alleged contributory negligence.of plaintiffs, in ' failing to feed the horses at a certain station, whereby, it is claimed, they became weak and more subject to injury, it is error to charge, as matter of law, that plaintiffs were not negligent as to this, if they were informed by an employe of defendant that the cars containing the horses would not be delayed at such station. In such case, the question of contributory negligence is one of fact for the jury.