Kimball v. Louisville & Nashville Railroad
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Kimball, the appellant, was plaintiff in the court below and the. railroad company, the appellee, was defendant there. From a judgment predicated of a peremptory instruction in defendant’s favor, the plaintiff appealed to the supreme court. The opinion of the court state the facts.
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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Kimball, the appellant, was plaintiff in the court below and the. railroad company, the appellee, was defendant there. From a judgment predicated of a peremptory instruction in defendant’s favor, the plaintiff appealed to the supreme court. The opinion of the court state the facts. Appellant’s suit for personal injuries, in which this appeal is taken, was instituted in June, 1906, and was not tried in the •circuit court until June, 1908. His separate suit for injuries to his horse and buggy was instituted by him in May,…
1Opinion of the CourtMates, J.
In October, 1906, while attempting to drive across the track of the railway at a public crossing in the city of Biloxi, Kimball claims to have been injured. Eor this injury he brought suit against the defendant company. On the trial it appeared that Kimball had sued for and recovered a judgment against the railroad company for damage done a horse and wagon by the same wrongful act. This judgment had been fully satisfied. This suit is to recover damages for injuries sustained to his person in the same collision which damaged the horse and wagon. Pleas presenting this issue were filed by the…
2Cases cited1 opinion
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