Laurel Mercantile Co. v. Mobile & Ohio Railroad

Mississippi Supreme Court

Laurel Mercantile Co. v. Mobile & Ohio Railroad

40 So. 259, 87 Miss. 675

CourtMississippi Supreme Court

DecidedNovember 15, 1905

StatusPublished

Cited by1 cases

This text of 40 So. 259 (Laurel Mercantile Co. v. Mobile & Ohio Railroad) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Laurel Mercantile Co. v. Mobile & Ohio Railroad, 40 So. 259, 87 Miss. 675 (Mich. 1905).

Pincite

Opinion

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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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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Bluebook (online)

40 So. 259, 87 Miss. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurel-mercantile-co-v-mobile-ohio-railroad-miss-1905.

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