Southern Railway Co. v. Murray
Southern Railway Co. v. Murray
Opinion of the Court
delivered the opinion of the court.
It was not error to charge the jury that the railroad company was negligent if it did not ring the bell or blow the whistle before crossing the highway. Code, 1906, § 4045. The instruction does not say that, because of that negligence, verdict must be for recovery if there was contributory negligence, and astute counsel for the company took good care of this in their instructions.
It was not improper to give the charge, under Code 1906, § 1985 (Code 1892, § 1808), that the damage done was prima facie evidence of want of care. Vicksburg Ry. Co. v. Phillips, 64 Miss., 693; 2 South., 537. This may always be invoked where the injury is done by the running of the locomotives or cars, but, of course, must yield to established facts. Here there was sharp conflict in the testimony, and here also counsel took abundant care of the railroad company in their instructions. The cases of Hamlin v. Railroad Co., 72 Miss., 39; 16 South., 877; Nichols v. Railroad Co., 83 Miss., 126; 36 South., 192, and Korter v. Railroad Co., 87
We decline to disturb the verdict on the facts.
Affirmed.
Reference
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- Southern Railway Company v. Rufus L. Murray
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- 1. Railroads. Killing live stock on track. 'Highway crossing. Instructions. Code 1892, § 3547 (Code 1906, § 4046). Signals. In an action against a railroad company for killing cattle at a highway crossing, proof that persons driving the cattle saw the approaching train for a greater distance than three hundred yards before it reached the crossing does not render inappropriate an instruction for the plaintiff, based on Code 1892, § 3547 (Code 1906, § 4046), making it the duty of the railroad company to equip each of its locomotives with a bell or steam whistle which can be heard distinctly for three hundred yards and to cause the bell to be rung or the whistle to be blown at least three hundred yards from the highway crossing and to keep the bell ringing or the whistle blowing until the locomotive has stopped or crossed the highway. 2. Same. Burden of proof. Code 1892, §'1808 (Code 1906, § 1985). Instruction. In an action against a railroad company for killing cattle on its track, an instruction in the language of Code 1892, § 1808 (Code 1906, §1985) to the effect that proof of injury inflicted by the running of the train is prima facie evidence of negligence on the part of the company is proper, although the presumption must yield to the facts.