Hines v. McGhee

Decided October 15, 1919

Mississippi Supreme Court · decided 1919-10-15

Hon. W. A. Alcorn, Judge. Suit by E. H. McGhee against Walter D. Hines, Director General, The Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court erred in refusing to give appellant the peremptory instruction asked for. This is the only proposition that we have raised in this appeal. We contend that' there is no conflict in the testimony at all.

Decided 1919-10-15

Smith, C. J.,

¶1delivered the opinion of the court.

¶2The only substantial conflict in the evidence is with reference to whether or not the engineer sounded the stock alarm before the mules were struck by the train, but, conceding for the sake of the argument that the stock alarm was not sounded before the mules were struck, and that the engineer was negligent in not having sounded it earlier, nevertheless the peremptory instruction requested by the appellant should have been given, for the reason that the evidence will not warrant a finding by the jury that the mules would have been frightened from the track by an earlier sounding of the stock alarm.

¶3Reversed and judgment here for the appellant.

¶4Reversed.