Illinois Central Railroad v. Massey
Mississippi Supreme Court
From the circuit court of Tate county. 'Non. William A. Roane, Judge. Massey, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in favor of plaintiff the defendant appealed to the supreme court. The opinion of the court states the facts of the ease. In the light of the testimony, construing it most favorably for appellee, a peremptory instruction should have been given for appellant.
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From the circuit court of Tate county. 'Non. William A. Roane, Judge. Massey, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment in favor of plaintiff the defendant appealed to the supreme court. The opinion of the court states the facts of the ease. In the light of the testimony, construing it most favorably for appellee, a peremptory instruction should have been given for appellant. Appellee’s own testimony shows conclusively that he was guilty of negligence, and that this negligence not only contributed to his injuries, but was…
1Opinion of the Court
McLain, O.
This is an appeal by the appellant railroad company from a judgment for $5,000, rendered against it in the circuit court of Tate county in favor of the appellee, for injuries sustained by him in stepping off of a train of appellant company while it was *800in motion. The controlling question involved in this cause is: Did the trial court commit error in refusing the peremptory instruction asked by appellant ?
Before passing upon the question, it is necessary for us to surround ourselves with the leading facts. The plaintiff below was a young man, between twenty-one and twenty-two years…
Also in this document: Per curiam.
2Cases cited2 opinions
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Mearns v. Central R. R.Court of Appeals for the Second Circuit · 1905
3Cited by2 opinions
- Bartley v. Western Maryland Railway Co.West Virginia Supreme Court · 1918
- Sumner v. Grays Harbor Railway & Light Co.Washington Supreme Court · 1916