Yazoo & M. V. R. v. Day
Mississippi Supreme Court
Appeal from the circuit court of Wilkinson county. HoN. R. E. JacksoN, Judge. Suit by Edward B. Day against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Wilkinson county. HoN. R. E. JacksoN, Judge. Suit by Edward B. Day against the Yazoo & Mississippi Valley Railroad Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Where there is a conflict in the testimony as to material facts, a peremptory instruction for either party is improper, and upon consideration of plaintiff’s motion for a peremptory instruction, the evidence in its aspect most favorable to defendant must be taken as true. Railroad v. Prine, 118 Miss. 90; Railroad v. Prince, 112 Miss.…
1Opinion of the CourtSykes, J.
The appellee, plaintiff in the circuit court, recovered a judgment against the appellant railroad company for five hundred dollars as damages for personal injuries, from which judgment this appeal is prosecuted.
The circuit judge instructed the jury peremptorily to return a verdict in favor of the plaintiff, leaving to them the amount of damages to be assessed. The plaintiff was attempting to drive across the tracks of the defendant company on a public road crossing in the town of Rosetta, when his horse became frightened and ran away, overturning the cart and throwing plaintiff to the ground,…
2Cases cited2 opinions
- McCerrin v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1895
- Mobile, Jackson & Kansas City Railroad v. KeaMississippi Supreme Court · 1909
3Cited by7 opinions
- Franklin & Pittsylvania Railway Co. v. ShoemakerSupreme Court of Virginia · 1931
- Lee v. MolterSupreme Court of Minnesota · 1949
- Brunt v. Chicago Mill & Lumber Co.Mississippi Supreme Court · 1962
- Petersen v. Ingersoll-Rand Co.Washington Supreme Court · 1938
- Gordon v. Tennessee Cent. Ry. Co.Tennessee Supreme Court · 1934
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