Illinois Central Railroad v. Guess
Mississippi Supreme Court
From the circuit court of Lafayette county. The facts are stated in the opinion of the court. We rely for a reversal of the case upon the testimony of the plaintiff himself, who was the only witness introduced in his behalf on the trial of the cause, our contention being that, conceding that the fireman was incompetent, conceding that the engine did not have air brakes, and conceding that there were no lights at Pickens, still plaintiff shows by his own testimony that his…
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From the circuit court of Lafayette county. The facts are stated in the opinion of the court. We rely for a reversal of the case upon the testimony of the plaintiff himself, who was the only witness introduced in his behalf on the trial of the cause, our contention being that, conceding that the fireman was incompetent, conceding that the engine did not have air brakes, and conceding that there were no lights at Pickens, still plaintiff shows by his own testimony that his injury was caused by his positive disobedience of a plain and well-established rule of the company in force at the time,…
1Opinion of the Court
Calhoon, Sp. J.,
delivered the opinion of the court.
Mr. Guess sued the railroad company for damages for personal injuries, and the company pleaded the general issue, and gave notice of contributory negligence on his part. He recovered judgment, and the company appeals.
His own testimony is that he was an extra engineer of the company, and was called at Water Valley, at night, to make the round trip, with a train of freight cars, from that point to Canton and return. He ascertained that an incompetent fireman would be assigned him for the trip, and he objected, but *174was told that he had to take…
2Cases cited1 opinion
- Buckner v. Richmond & Danville RailroadMississippi Supreme Court · 1895
3Cited by6 opinions
- St. Louis & S. F. R. v. DeweesCourt of Appeals for the Eighth Circuit · 1907
- Yazoo & Mississippi Valley Railroad v. ParkerMississippi Supreme Court · 1906
- Yazoo & Mississippi Valley Railroad v. WoodruffMississippi Supreme Court · 1910
- St, Louis & S. F. R. v. GuinMississippi Supreme Court · 1915
- Anderson v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1911
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