Newman v. Vicksburg & Meridian Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Whabton, Judge. In September, 1884, Washington Newman brought this action against the Vicksburg and Meridian Eailroad Company before a justice of the peace to recover the value of a certain horse alleged to have been killed by the negligence of defendant in running its train.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Whabton, Judge. In September, 1884, Washington Newman brought this action against the Vicksburg and Meridian Eailroad Company before a justice of the peace to recover the value of a certain horse alleged to have been killed by the negligence of defendant in running its train. On the trial of the cause in the circuit court, on appeal, the plaintiff introduced evidence which tended to show that on the night of August 4, 1884, plaintiff’s horse-was walking on defendant’s railroad track at or near a certain bridge or trestle in the city of…
1Opinion of the Court
CoopeR,'C. J.,
delivered the opinion of the court.
The instructions given by the court properly instructed the jury that if by negligence of the defendant’s employees the horse of the plaintiff was run down by the train, or driven upon the bridge and thereby injured, when by the exercise of proper care this might have been avoided, the plaintiff was entitled to a verdict.
*123The instructions asked by the defendant and refused by the court were properly refused. It may be true that the horse went upon the bridge as therein stated and was killed by falling therefrom, but if he went upon the bridge to…
2Cited by3 opinions
- Campbell v. Indianapolis & Northwestern Traction Co.Indiana Court of Appeals · 1906
- Alabama & Vicksburg Railway Co. v. MooreMississippi Supreme Court · 1902
- Henderson & Mathis v. HinesMississippi Supreme Court · 1919