Skipwith v. Mobile & Ohio Railroad
Mississippi Supreme Court
From the circuit court of Lowndes county. ILon. Eobert F, Cooi-iran, Judge. Sicipwith, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in favor of the defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Plaintiff sued for damages to his- horses and wagon suffered on a highway at a railroad crossing.
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From the circuit court of Lowndes county. ILon. Eobert F, Cooi-iran, Judge. Sicipwith, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. From a judgment in favor of the defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Plaintiff sued for damages to his- horses and wagon suffered on a highway at a railroad crossing. In order to effect a grade crossing with the track of the defendant company the highway had been raised several feet above the surrounding lands, and for several yards from the railroad…
1Opinion of the CourtFletctier, J.
This case in its essential aspects is controlled by the case of Louisville, etc., R. Co. v. Crominarity, 86 Miss. 464, 38 South. 633. If the plaintiff and his witnesses are to be believed, the accident in this case was due to the negligence of the engineer and fireman in failing to blow the whistle or ring the bell at the crossing, as by statute it was their duty to do. Travelers on the highway have a right to insist that these signals be given, not only that they may keep off the track, but that they may not drive their teams so near the track that fright will certainly follow. In this case…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. CrominarityMississippi Supreme Court · 1905
3Cited by9 opinions
- Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
- Gulf S.I.R. Co. v. SimmonsMississippi Supreme Court · 1928
- Young v. Columbus & G. Ry. Co.Mississippi Supreme Court · 1933
- Yazoo & M. V. R. v. CoxMississippi Supreme Court · 1923
- Billingsley v. Illinois Central R. R.Mississippi Supreme Court · 1911
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