Lowe v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From tbe circuit'court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Lowe, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. A train of railway cars was passing along appellee’s track upon a fill, or dump, at least ten or twelve feet high, when a horse belonging to the plaintiff, being frightened thereby, ran at the foot of the dump, and, of course, below the train, parallel with the railroad.
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From tbe circuit'court of Lauderdale county. Hon. Guión Q. Hall, Judge. Mrs. Lowe, appellant, was plaintiff in the court below; the railway company, appellee, was defendant there. A train of railway cars was passing along appellee’s track upon a fill, or dump, at least ten or twelve feet high, when a horse belonging to the plaintiff, being frightened thereby, ran at the foot of the dump, and, of course, below the train, parallel with the railroad. A ditch extended diagonally to the railroad, coming nearer to the dump as it approached the point where it passed under the track. There was a…
1Opinion of the Court
Calhoon, I.,
delivered the opinion of the court.
This case does not fall within the provisions of code, 1892, § 1808, in reference to injuries “inflicted by the running of locomotives or cars.” The horse was not killed by such running, but was off the track, and, from fright, left its path of safety, fell in a ditch, and broke its neck — a curious result, which no one could have foreseen or reasonably apprehended. Illinois, etc., R. R. Co. v. Weathersby, 63 Miss., 581; New Orleans, etc., R. R. Co. v. Thornton, 65 Miss., 256; Mobile, etc., R. R. Co. v. Holt, 62 Miss., 170.
*14Since code, § 1808,…
2Cases cited3 opinions
- Mobile & Ohio Railroad v. HoltMississippi Supreme Court · 1884
- Illinois Central Railroad v. WeathersbyMississippi Supreme Court · 1886
- New Orleans & North Eastern Railroad v. ThorntonMississippi Supreme Court · 1887
3Cited by3 opinions
- McDonald v. Lemon-Mohler Insurance Agency, LLCCourt of Appeals of Mississippi · 2015
- Mobile, Jackson & Kansas City Railroad v. KeaMississippi Supreme Court · 1909
- N. O. & N. E. R. v. JonesMississippi Supreme Court · 1886