Illinois Central Railroad v. Brown
Mississippi Supreme Court
From: the circuit court, second district, of Carroll county. HoN. W. F. SteveNS, Judge. Brown, the appellant, was the plaintiff in the court below; the railroad company was defendant there. The questions discussed in the opinion arose upon the action of the court below upon the instructions asked by the parties litigant, which conformed to the view expressed in the opinion.
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From: the circuit court, second district, of Carroll county. HoN. W. F. SteveNS, Judge. Brown, the appellant, was the plaintiff in the court below; the railroad company was defendant there. The questions discussed in the opinion arose upon the action of the court below upon the instructions asked by the parties litigant, which conformed to the view expressed in the opinion. The facts showing the contributory negligence of the plaintiff and the misconduct of defendant’s servants sufficiently appear in the opinion. Plaintiff recovered $4,000, and defendant’s motion for new trial having been…
1Opinion of the Court
Woods, O. J".;
delivered the opinion of the court.
It is altogether certain that the appellee, at the time of receiving his injuries, was where he should not have been, and where his own evidence clearly shows he knew that he should not have been. His proper place was inside of the caboose, as he well knew, and he was guilty of contributory negligence in the act of which he complains, and this would and should usually bar his recovery.
In the present case, however, the evidence discloses such gross negligence on the part of the servants of the appellant as to render the contributory negligence…
2Cited by3 opinions
- Yazoo & Mississippi Valley Railroad v. BlockMississippi Supreme Court · 1905
- Magee v. Mississippi Central RailroadMississippi Supreme Court · 1909
- Jackson Electric Railway, Light & Power Co. v. CarnahanMississippi Supreme Court · 1909