Leake v. Gulf & Ship Island Railroad ( 1907 )

Whitfield, C. J.,

delivered the opinion of the court.

It was manifest error on the part of the court below to give the peremptory instruction. The question as to whether any miscreant did misplace the switch, as well as the other questions involved should have been determined by the jury on the testimony. See, for the principle controlling the matter, the very accurate note to Robertson v. Dodge, 81 Am. Dec., at pages 268-270.

Reversed and remanded.