Davis v. Elzey
Mississippi Supreme Court
Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by Alex Elzey against James C. Davis, Director General of Railroads. Judgment for plaintiff, and defendant appeals. On Suggestion of Error. On suggestion of error. Suggestion sustained, and case remanded for new trial as to damages alone; judgment being affirmed as to liability.
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Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by Alex Elzey against James C. Davis, Director General of Railroads. Judgment for plaintiff, and defendant appeals. On Suggestion of Error. On suggestion of error. Suggestion sustained, and case remanded for new trial as to damages alone; judgment being affirmed as to liability. The evidence offered by appellee in support of his replication is not clear and convincing and indubitable that the release was secured by fraud or misrepresentation, and therefore it failed to support the replication. Railway v. Trumbull, 71…
1Opinion of the CourtEthridge, J.
The appellee was plaintiff beloAV and brought suit against the appellant for damages for a personal injury inflicted by the operation of a locomotive of the appellant in the municipality of Shannon, in Lee county, Miss. The proof for the plaintiff shoAved that.he was approaching a crossing in the said municipality at the time he was injured, and that there was no sounding of a Avhistle or ringing of a bell to give Avarning of the approach of the locomotive and train of cars; that there was a platform on the side of the railroad track loaded with cotton which obstructed his vieAV so he could…
2Cases cited11 opinions
- United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
- Alabama & V. Ry. Co. v. ThornhillMississippi Supreme Court · 1913
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
- Yazoo & M. V. R. v. MessinaMississippi Supreme Court · 1915
- Kansas City, Memphis & Birmingham Railroad v. ChilesMississippi Supreme Court · 1905
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- Gulf, M. N.R. Co. v. BrownMississippi Supreme Court · 1925
- Hines v. GravinsSupreme Court of Virginia · 1922
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