71 Miss. 237 | Miss. | 1893
delivered the opinion of the court.
We will not review particularly the sixteen instructions asked and received by the defendant. Some of them may be correct, but throughout them, as a whole, runs the wholly erroneous proposition that the mere negligent injury of a trespasser by the servants of a railway company is not ground of action by the trespasser. Under the sixth instruction, the jury was, in effect, tqld that the plaintiff could not recover unless the engineer intentionally or purposely ran him down. If that were true, the plaintiff, being a trespasser, must show such injury that, if it had resulted in his death, the servants of the company inflicting the injury would be guilty of murder. By the seventh instruction the jury was told that
Judgment reversed.