Laurel Mercantile Co. v. Mobile & Ohio Railroad
Mississippi Supreme Court
Laurel Mercantile Co. v. Mobile & Ohio Railroad, 87 Miss. 675 (Miss. 1905)
40 So. 259
Whitfield
Laurel Mercantile Co. v. Mobile & Ohio Railroad
Opinion of the Court
delivered the opinion of the court.
On the facts in evidence it was erroneous to give the peremptory instruction. The case should have goiie to the jury. As we have beforé stated, the facts of different cases are so variant, and so many different facts and conditions are integrated into the solution of the question of negligence, that it must be a rare case of negligence which should be taken from the jury.
Beversed and remanded.
Reference
- Full Case Name
- Laurel Mercantile Company v. Mobile & Ohio Railroad Company
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- 1 case
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- Syllabus
- Negligence. Peremptory instruction. So many different facts and conditions are integrated into the solution of the question of negligence that it is a rare case where it should be taken from the jury- See Bell v. Southern Ry. Oo., ante, 234.