Southern Railway Co. v. McLellan
Mississippi Supreme Court
From the circuit court of Montgomery county. Hon. A. T. Roane, Special Judge. McLellan, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.
Read the full summary
From the circuit court of Montgomery county. Hon. A. T. Roane, Special Judge. McLellan, appellee, was plaintiff in the court below; the railway company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts were: Jesse McLellan, appellee, a young man about 20 years old, was employed by appellant as a flagman on one of its local freight trains, and had been so employed about two and one-half months when the accident for which this suit is brought happened. On October 31, 1900, this train got into Greenville at night, and got…
1Opinion of the CourtTerral, J.
Hpon the trial of the case in the circuit court the appellant offered several objections to the proceedings, which were overruled.(1) It offered to show that the material used by it for ballasting its roadbed at Huntington switch, where the injury occurred, was like material as that commonly used by other railroad companies in ballasting their roads; and this offer was denied. (2) As a further circumstance relating to the question of negligence charged against it, it offered to show that no in*708jury had ever occurred at Huntington switch by reason of any defect in its way at that point; and…
2Cited by9 opinions
- Kress v. MarklineMississippi Supreme Court · 1917
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
- Munger Automobile Co. v. American Lloyds of DallasCourt of Appeals of Texas · 1924
- Mississippi Central Railroad v. HardyMississippi Supreme Court · 1906
- Buford v. RIVERBOAT CORP. OF MISS.Mississippi Supreme Court · 2000
4 more not listed; retrieve them via the Exa API.