Tyler v. Illinois Central R. R.
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The appellant sued the appellee to recover damages for a cow killed by a train of the appellee. On the trial it was shown that at the point where the cow was killed the railroad track had been fenced by the appellee for some distance on both sides.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The appellant sued the appellee to recover damages for a cow killed by a train of the appellee. On the trial it was shown that at the point where the cow was killed the railroad track had been fenced by the appellee for some distance on both sides. And that some time prior to the killing the appellee for its own purposes had opened a gap in the fence on one side of the track, through which gap the cow had strayed on to appellee’s right of way and crossed over the track to the side on which there was no opening in the…
1Opinion of the CourtChalmers, J.
The railroad company erected a fence on either side of its track for several miles in the neighborhood of Jackson. • For its own convenience it then opened a gap in its fence for the benefit of its employees, and this was well known to all its engineers and conductors, who, nevertheless, continued to' use it as before. The cow of appellant was attracted upon the roadbed by this opening in the fence, and while attempting to get back to the opening was run over and killed by the engine and cars of the appellees. Appellees having proved by the engineer and brakemen the observance of every care…
2Cases cited1 opinion
- Chicago, St. Louis & New Orleans Railroad v. PackwoodMississippi Supreme Court · 1881
3Cited by2 opinions
- Illinois Central Railroad v. WalkerMississippi Supreme Court · 1885
- Alabama & Vicksburg Railway Co. v. MooreMississippi Supreme Court · 1902