Coleman v. Yazoo & Mississippi Valley Railroad

Mississippi Supreme Court March 15, 1907

Coleman v. Yazoo & Mississippi Valley Railroad, 90 Miss. 629 (Miss. 1907)

43 So. 473

Whitfield

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court. '

The court below plainly erred in refusing the first and second instructions asked by the plaintiff. It also plainly erred in modifying instruction No. three and instruction No. five asked by the plaintiff, and it also clearly erred in giving instruction No. two and instruction No. three for the defendant. The point made, that the appellant cannot complain of the modification of his instructions, No. three and No. five is not well taken,, since the instructions were correct as asked, and the modification was error. Miss. Central R. Co. v. Hardy, 88 Miss., 132, s.c., 41 South., 505.

Reversed and remanded.

Reference

Full Case Name: James T. Coleman v. Yazoo & Mississippi Valley Railroad Company
Cited By: 1 case
Status: Published
Syllabus: 1. Carriers. Railroads. Passengers. Liability for act of employes. Conductor’s right. Self-defense. A conductor of a passenger train has a right to defend himself from an attack by a passenger, but he has no right to strike a passenger with a pistol for the use of abusive language to him. 2. Same. Bystanders. Injuries. If a railroad conductor strike a passenger with' a loaded pistol, not in self-defense, but because of the passenger’s abusive language, and the weapon be discharged by the blow, the company will be liable for damages resulting from the shot to an innocent bystander, although the shooting be at a station and the bystander not a passenger. 3. Same. Instructions. Modification. If the trial court modify an instruction which was correct as asked, the party asking it may complain of its erroneous modification on appeal.