New Orleans, Jackson & Great Northern Railroad v. Harrison
Mississippi Supreme Court
Error to the circuit court of Madison county. Cunningham, J. All the facts necessary to a full understanding of the case will be found in the opinion of the court. - Contended, that the conductor or engineer, who put Harrison in fear and compelled him to undertake the perilous task of uncoupling the cars, was liable, civilly and criminally, but that the plaintiff in error was not, because the act complained of was a willful trespass by the servant and beyond his authority,…
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Error to the circuit court of Madison county. Cunningham, J. All the facts necessary to a full understanding of the case will be found in the opinion of the court. - Contended, that the conductor or engineer, who put Harrison in fear and compelled him to undertake the perilous task of uncoupling the cars, was liable, civilly and criminally, but that the plaintiff in error was not, because the act complained of was a willful trespass by the servant and beyond his authority, and not sanctioned by the employer; and cited, in support of this view, McCoy v. McKowen, 26 Miss. 487; Middleton v.…
1Opinion of the Court
Tarbell, J.:
This suit was instituted by Harrison to recover damages from the railroad company for personal injuries caused by the the negligence of the company’s servants in running- a train of cars. There was a verdict of $600 for the plaintiff in the action. A motion for a new trial was *114overruled, and thereupon a writ of error by the railroad company. Exceptions were taken to the instructions given for the plaintiff in the action; to the refusal to give instructions asked on behalf of the company; to the modification of those given, and to the refusal to grant a new trial. The case made by…
2Cases cited9 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Lalor v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1869
- Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
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3Cited by23 opinions
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- Eason v. S. & E. T. R'y Co.Texas Supreme Court · 1886
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Johnson v. Ashland Water Co.Wisconsin Supreme Court · 1888
- Kelly v. TyraSupreme Court of Minnesota · 1908
18 more not listed; retrieve them via the Exa API.