Mississippi Supreme Court, 1905

Laurel Mercantile Co. v. Mobile & Ohio Railroad

Laurel Mercantile Co. v. Mobile & Ohio Railroad
Mississippi Supreme Court · Decided November 15, 1905 · Whitfield
87 Miss. 675; 40 So. 259

Laurel Mercantile Co. v. Mobile & Ohio Railroad

Opinion of the Court

Whitfield, O. J.,

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.

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