Legal Opinion

Alabama & V. Ry. Co. v. Thornhill

Mississippi Supreme Court

Decided October 15, 1913PublishedCited by 26 opinions

Appeal from the circuit court of Hinds county. HoN. W. A. HeNry, Judge. Suit by Clarence Thornhill ag’ainst the Alabama & Vicksburg Railway Company. From a judgment for plaintiff defendant appeals. Appellee was plaintiff in the court below, and appellant was defendant. The case went to a jury, who returned' a judgment for five thousand dollars, and the railroad company appeals. The opinion states the.facts.

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Appeal from the circuit court of Hinds county. HoN. W. A. HeNry, Judge. Suit by Clarence Thornhill ag’ainst the Alabama & Vicksburg Railway Company. From a judgment for plaintiff defendant appeals. Appellee was plaintiff in the court below, and appellant was defendant. The case went to a jury, who returned' a judgment for five thousand dollars, and the railroad company appeals. The opinion states the.facts. Section 1985 of the Code of 1906 is as follows: “In all actions against railroad companies for damages done to persons or property, proof of injury inflicted by the running of the…

1Opinion of the CourtSmith, C. J.

This is an appeal from a judgment in favor of Clarence Thornhill, an infant eleven years of age, who sued by a next friend to recover from appellant damages alleged to have been sustained by reason of having been knocked down and injured by one of its trains.

According to the evidence of eyewitnesses introduced in behalf of appellee, he was at the time of the accident standing on appellant’s'railroad track at its intersection with a street in the city of Jackson, watching a baseball game, when one of appellant’s trains, without warning by bell or whistle, and when he was wholly unconscious of…

2Cases cited27 opinions

  1. Tucker v. TuckerMississippi Supreme Court · 1896
  2. Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
  3. Smith v. StateMississippi Supreme Court · 1881
  4. Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
  5. Fuller v. Illinois Central RailroadMississippi Supreme Court · 1911

22 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
  2. Gulf, M. N.R. Co. v. BrownMississippi Supreme Court · 1925
  3. Hines v. McCullersMississippi Supreme Court · 1920
  4. Mississippi Central Railroad v. RobinsonMississippi Supreme Court · 1914
  5. New Orleans G.N.R. Co. v. WaldenMississippi Supreme Court · 1931

21 more not listed; retrieve them via the Exa API.

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