Magee v. Mississippi Central Railroad
Mississippi Supreme Court
From the circuit court of Forrest county. IIon. William H. Cook, Judge. Mrs. Magee, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages because of the alleged wrongful killing by defendant of plaintiff’s husband. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.
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From the circuit court of Forrest county. IIon. William H. Cook, Judge. Mrs. Magee, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages because of the alleged wrongful killing by defendant of plaintiff’s husband. From a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Thomas Magee, plaintiff’s deceased husband, was a section foreman of the defendant, and on the day of his death was in charge of workmen engaged in clearing up the railroad track after a…
1Opinion of the CourtMayes, J.
Under our view in this case it is not material for us to decide *689what was the exact legal status of Magee toward the railroad company at the time he received the injury causing his death. It is certain that he was not a trespasser. We have examined the facts with great care, and have also examined the citations of counsel for appellee. The distinction between the facts in the authorities cited by appellee and the facts of this case easily distinguish the cases and demonstrate the inapplicability of the authorities relied on for affirmance. In all the cases cited for appellee the liability…
2Cases cited1 opinion
- Illinois Central Railroad v. BrownMississippi Supreme Court · 1899
3Cited by1 opinion
- Great Southern Lumber Co. v. HamiltonMississippi Supreme Court · 1924