Yazoo & Mississippi Valley Railroad v. Wright
Mississippi Supreme Court
From the circuit court of Washington county. Hon. Frank A. Montgomery, Judge. Wright, the appellee, was the plaintiff in the court below; the railroad company, appellant, was defendant there. The plaintiff obtained judgment in the court below, and defendant appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Washington county. Hon. Frank A. Montgomery, Judge. Wright, the appellee, was the plaintiff in the court below; the railroad company, appellant, was defendant there. The plaintiff obtained judgment in the court below, and defendant appealed to the supreme court. The facts are stated in the opinion of the court. It has been settled by this court beyond any sort of controversy that it is not the duty of those operating a train to stop it or to check its speed for animals seen grazing on the side of the track, unless something indicates that the animals will go •on the…
1Opinion of the CourtOalhoon, J.
Wright sued for damages for the killing of two mules. Only two ivitnesses testified in the case. Miller, the witness for the plaintiff, says that he saw the mules grazing on the right of way, on the side of the track; that the engineer could not have possibly checked the train in time to avoid the killing; and that he did not sound the alarm. This witness saiv the mules grazing thirty or forty feet from the track. Then they ran down the side of the track, and he did not see either one of them Avhen struck by the engine; but the engineer could haA'e seen them for 600 or 700 yards, as they…
2Cases cited1 opinion
- New Orleans, Jackson & Great Northern Railroad v. FieldMississippi Supreme Court · 1872
3Cited by5 opinions
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- Mississippi Central R. v. MorrisonMississippi Supreme Court · 1914
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- New Orleans & N. E. R. v. MartinMississippi Supreme Court · 1921
- Hansberry v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1907