Laurel Mercantile Co. v. Mobile & Ohio Railroad
Laurel Mercantile Co. v. Mobile & Ohio Railroad
87 Miss. 675; 40 So. 259
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.