Andrews v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From tbe circuit court of Sunflower county. Hon. A. MoO. Kimbrough, Judge. Andrews, tbe appellant, was plaintiff, and tbe railroad company, tbe appellee, defendant in tbe court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, tbe plaintiff appealed to tbe supreme court.
Read the full summary
From tbe circuit court of Sunflower county. Hon. A. MoO. Kimbrough, Judge. Andrews, tbe appellant, was plaintiff, and tbe railroad company, tbe appellee, defendant in tbe court below. From a judgment in defendant’s favor, predicated of a peremptory instruction, tbe plaintiff appealed to tbe supreme court. Tbe evidence for the plaintiff was in substance as follows: Plaintiff, a traveling inspector for an insurance company, was íd Ruleville (a small village), and, having some acquaintance with tbe depot agent at that place (a Mr. Travis), went to tbe depot more than two hours before tbe train…
1Opinion of the CourtTruly, J.
Under no theory of law applicable to the facts disclosed by this record can any liability attach to the appellee. It is perfectly obvious that the relation of carrier and passenger did not exist between appellant and appellee at the time of the difficulty between appellant and Travis. Appellant, according to his own statement, did not resort to the depot for the purpose of then securing passage upon a train, nor with the intention of establishing the relation towards the appellee of passenger and carrier. Giving his statement the most far-reaching effect and the broadest meaning of which his…
2Cited by5 opinions
- Metcalf v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1910
- Odom v. Gulf & Ship Island RailroadMississippi Supreme Court · 1911
- Louisville & N. R. v. CorlanderMississippi Supreme Court · 1922
- Northern Pac. Ry. Co. v. MarinovichCourt of Appeals for the Ninth Circuit · 1911
- Clark v. North Pac. S. S. Co.Oregon Supreme Court · 1914