Laurel Mercantile Co. v. Mobile & Ohio Railroad

40 So. 259, 87 Miss. 675

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.