New Orleans, Jackson & Great Northern Railroad v. Allbritton
Mississippi Supreme Court
Error to the Circuit Court of Copiah county. Hon. John E. McNair, judge. This was an action by the defendant in error against the plaintiff in error, to recover damages, sustained by him from a collision of the passenger and mail trains of the railroad company, and on one of which the defendant was being conveyed, as a mail-route agent, under the employment of the Post-Office Department.
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Error to the Circuit Court of Copiah county. Hon. John E. McNair, judge. This was an action by the defendant in error against the plaintiff in error, to recover damages, sustained by him from a collision of the passenger and mail trains of the railroad company, and on one of which the defendant was being conveyed, as a mail-route agent, under the employment of the Post-Office Department. The declaration alleged, that the collision took place, between the up and down mail and passenger trains of the company, on the 16th of July, 1858, near Bahala Station, in Copiah county; and that plaintiff…
1Opinion of the CourtHarris, J.
the court.
Under Article 86, p.'492, of"the'hew Code, abolishing the distinction between actions of. trespass yi et armis, and actions of trespass on the case, the defendant-here filed his action in the court below, to recover of plaintiff in-error-.damages alleged to have been sustained by him, “ hy a collision of the up and down mail and passenger trains on said road, paused hy the gross carelessness, negligence, misconduct, and■ mismanagement of the servants, agents, and conductors of the'said railroad company.”
The plaintiff in error filed an.ahsWqr to this complaint, amounting toa “general…
2Cases cited2 opinions
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- McCoy v. McKowenMississippi Supreme Court · 1853
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- Pegram v. StortzWest Virginia Supreme Court · 1888
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
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