Mississippi Central Railroad v. Miller
Mississippi Supreme Court
Eeeoe to tbe Circuit Court of Yalobusha county. Hon. Wm. Colhran judge. The facts contained iu the record are fully recited in the opinion of the court. contended, 1. That the court erred in permitting witnesses Kelly ^and Adams to testify as to what was the occasional custom of some of the trains of cars belonging to tbe Mississippi Central Nail-road Company in sometimes running their trains without headlights, and in crossing public roads without whistling or ringing' the…
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Eeeoe to tbe Circuit Court of Yalobusha county. Hon. Wm. Colhran judge. The facts contained iu the record are fully recited in the opinion of the court. contended, 1. That the court erred in permitting witnesses Kelly ^and Adams to testify as to what was the occasional custom of some of the trains of cars belonging to tbe Mississippi Central Nail-road Company in sometimes running their trains without headlights, and in crossing public roads without whistling or ringing' the hell. That the issue in this case was the want of reasonable and proper care in the management of the train of cars that…
1Opinion of the Court
Ellett, J.,
delivered tlie opinion of the court.
Miller sued the railroad company in an action of trespass to recover the value of a mule alleged to have been killed by coming in collision with a train of cars. The pleading- on both sides is remarkably loose and untechnical, but no question was raised upon it in the court below. The declaration claims damages, “ which the plaintiff alleges he has sustained by reason of the killing of a certain mule belonging to the plaintiff, through the negligent misconduct of the agent or agents of the defendant in running their engine and cars over or…
2Cases cited1 opinion
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
3Cited by14 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Kennon v. GilmerMontana Supreme Court · 1885
- Yazoo M.R. Co. v. PittmanMississippi Supreme Court · 1934
- Hercules Powder Co. v. WolfMississippi Supreme Court · 1927
- Raiford v. Mississippi Central RailroadMississippi Supreme Court · 1870
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