Thompson v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John D. G-illand, Judge. The facts are stated in the opinion. The conduct of the conductor, in this case, was not only wilful and wanton, but heartless and cruel. The train was moving at a dangerous speed, somewhere between three and six miles an hour. The boy was only thirteen years old. The train was slowing up at the time, with a view to stop, which it would have done in a short time.
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From the circuit court of Warren county. Hon. John D. G-illand, Judge. The facts are stated in the opinion. The conduct of the conductor, in this case, was not only wilful and wanton, but heartless and cruel. The train was moving at a dangerous speed, somewhere between three and six miles an hour. The boy was only thirteen years old. The train was slowing up at the time, with a view to stop, which it would have done in a short time. The boy ivas hanging on the side of the freight train. Any act is wilful and wanton which is deliberately done with full apprehension of the circumstances which…
1Opinion of the CourtWoods, J.
There is evidence showing, or tending to show, that the appellant, a boy of thirteen years of age at the time he received the injuries complained of, had successfully jumped on a freight train of appellee with several other boys, apd that he was in the habit of jumping on and off appellee’s trains, and with uniform security prior to the day of his hurt. On this occasion, as appears from the evidence favorable to the appellee, the boys had jumped on the train soon after it emerged from a tunnel, and at a point about three hundred yards from the spot where the appellant was injured, and the…
2Cited by3 opinions
- Fore v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1905
- McClellan v. Illinois Cent. R. Co.Mississippi Supreme Court · 1948
- Allman v. Gulf & S. I. R.Mississippi Supreme Court · 1928