Mock v. Hines
Mississippi Supreme Court
Appeal from circuit court of Tishomingo county. Hon. C. P. Long, Judge. Action by N. B. Mock against Walker D. Hines, Director General (Illinois Central Bailroad Company). From a judgment for defendant, plaintiff appeals. In March, 1917, the appellant sought to pass from one side of the public street to the other in the village of Holcut, Mississippi, which had an ordinance against blocking the highway by railroad cars for longer than five minutes at any one time.
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Appeal from circuit court of Tishomingo county. Hon. C. P. Long, Judge. Action by N. B. Mock against Walker D. Hines, Director General (Illinois Central Bailroad Company). From a judgment for defendant, plaintiff appeals. In March, 1917, the appellant sought to pass from one side of the public street to the other in the village of Holcut, Mississippi, which had an ordinance against blocking the highway by railroad cars for longer than five minutes at any one time. His evidence tends to show that the railroad company stopped its train over the highway and remained there for considerably over…
1Opinion of the CourtEthridge, J.
The appellant was plaintiff below and filed suit for a personal injury. The injury was caused by the appellant’s undertaking to cross a train in the village of Paden, and while passing across the train, which train ivas standing across the street or crossing, a movement of the train caused the injury to plaintiff’s foot.
The appellant introduced an ordinance of the village prohibiting the blocking of the crossings in a municipality for a longer period than five minutes, and then took the stand in person and testified as to the fact of the train blocking the crossing and his undertaking to…
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