Gulf & S. I. R. Co. v. Adkinson
Mississippi Supreme Court
Appeal from the circuit court of Stone county. IíoN. Jas. H. Neville, Judge. Suit by J. S. Adkinson against the Gulf & Ship Island Eailroad Company. From a judgment for plaintiff, defendant' appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Stone county. IíoN. Jas. H. Neville, Judge. Suit by J. S. Adkinson against the Gulf & Ship Island Eailroad Company. From a judgment for plaintiff, defendant' appeals. The facts are fully stated in the opinion of the court. This case presents to the court for consideration two questions of substantive law: First, is an.old, abandoned road used principally as a farm road, over which members of the public occasionally pass for convenience, a highway within the contemplation of section 4045, of the Code of 1906.' Second, is a person approaching a railroad crossing…
1Opinion of the CourtSmith, C. J.
This is,an appeal from a judgment against appellant for damages alleged to have been sustained by appellee because of being struck by one of appellant’s trains. On the occasion in question appellee was traveling in an automobile upon a road which crosses appellant’s track. When he arrived at the crossing he drove upon the track without either, stopping, looking, or listening, or attempting in any other way, if such there be, to ascertain whether or not a train was approaching; his reasons therefor being that no train was due to be there then. He lost control of his car, and it stopped on the…
2Cases cited3 opinions
- Wills v. ReedMississippi Supreme Court · 1905
- Warren County v. MastronardiMississippi Supreme Court · 1898
- Burnley v. MullinsMississippi Supreme Court · 1905
3Cited by12 opinions
- Myers v. BlairMississippi Supreme Court · 1992
- Ladner v. Harrison County Bd. of Sup'rsMississippi Supreme Court · 2001
- Armstrong v. Itawamba CountyMississippi Supreme Court · 1944
- Armstrong v. Illinois Central RailroadTennessee Supreme Court · 1926
- Yazoo & M. v. R. Co. v. BeasleyMississippi Supreme Court · 1930
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