Saint Louis & San Francisco Railroad v. Garner
Mississippi Supreme Court
From: tbe circuit court of Monroe county., Hon. John H. Mitchell, Judge. Garner, appellee, was plaintiff in tbe court below; tbe rail road company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe, court. Plaintiff bases bis case upon tbe alleged wilful wrong of tbe engineer in not stopping tbe train after seeing and understanding tbe signals or failing to see tbe signals.
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From: tbe circuit court of Monroe county., Hon. John H. Mitchell, Judge. Garner, appellee, was plaintiff in tbe court below; tbe rail road company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe, court. Plaintiff bases bis case upon tbe alleged wilful wrong of tbe engineer in not stopping tbe train after seeing and understanding tbe signals or failing to see tbe signals. His only charge upon tbe measure of damages is one asking only for punitive damages. This is not a ease where punitive…
1Opinion of the Court
Smith J.,
delivered the opinion of the court.
Greenwood Springs is a station on appellee’s road where its trains stopped when flagged by the agent in charge of the station. On May 31, 1907, appellant and several others, having notified the agent that they desired to take passage on one of appellant’s trains,-were at the depot for that purpose. As the train approached, appellant and his companions signaled the •engineer to stop, by waving their suit cases across the track. There is some evidence, also1, that the agent signaled the engineer by waving his hands. The agent testified that he was not…
2Cases cited1 opinion
- Southern Railway Co. v. LanningMississippi Supreme Court · 1903