Legal Opinion

Jones v. Illinois Central Railroad

Mississippi Supreme Court

Decided March 15, 1898PublishedCited by 6 opinions

From the circuit court of Yalobusha county. Hon. Z. M. Stephens, Judge. The facts are stated in the opinion of the court. The railroad company was violating the law at the time they killed the dog (sec. 3546, code of 1892), and in doing so they did it at their peril.

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From the circuit court of Yalobusha county. Hon. Z. M. Stephens, Judge. The facts are stated in the opinion of the court. The railroad company was violating the law at the time they killed the dog (sec. 3546, code of 1892), and in doing so they did it at their peril. Railroad v. Toulme, 59 Miss., 284. On page 288, same case, the court uses this language: ££ Railroad companies, in running their trains through incorporated towns, act at their peril in exceeding the speed prescribed, and are liable for all damages resulting from such excess of speed, whether it be done while such speed is…

1Opinion of the CourtTerral, J.

Henry Jones sued the Illinois Railroad Company in the sum of $195, damages for the killing of his dog, Tag. The evidence for the plaintiff showed the dog was a valuable one for small game, and was worth $100. The value of the dog is undisputed, and is not controverted. The only witness of Tag’s *973death was Patty Jones, who testified she was at Block’s crossing, within the corporate limits of Water Yalley, when she was stopped from crossing the railroad by a long freight train which was then rapidly passing through the city at the speed of about fifteen miles per hour, when Tag came along and…

2Cases cited1 opinion

  1. Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897

3Cited by6 opinions

  1. Bufkin v. Louisville N.R. Co.Mississippi Supreme Court · 1931
  2. Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
  3. Yazoo & Mississippi Valley R. v. AultmanMississippi Supreme Court · 1937
  4. Louisville & Nashville Railroad v. FitzpatrickSupreme Court of Alabama · 1900
  5. Mobile & Ohio R. R. v. HollidayMississippi Supreme Court · 1901

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