Illinois Central Railroad v. Walker
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. This action was brought in September, 1884, by S. S. Walker to recover of the Illinois Central Railroad Company damages for the killing of two mules, alleged to have resulted from the negligent running of a train on the defendant’s road in August of that year. The defendant plead “ not guilty.”
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Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. This action was brought in September, 1884, by S. S. Walker to recover of the Illinois Central Railroad Company damages for the killing of two mules, alleged to have resulted from the negligent running of a train on the defendant’s road in August of that year. The defendant plead “ not guilty.” The evidence^ produced at the trial of the case showed that that part of the defendant’s road near where the mules were killed was inclosed by a fence on either side of the right of way, and that there were two gaps in the…
1Opinion of the CourtCampbell, J.
The second and third instructions for the plaintiff should not have been given. If every care and precaution was used by the servant of the railroad company to prevent injury to the mules, *20there was no liability for it. It is not true that where the railroad is fenced, and there is a gap in the fence through which animals enter, a greater degree of care is required to avoid injury to such animals than would otherwise be necessary to avoid liability. The case of Tyler v. Railroad Co., 61 Miss. 445, does not so decide. In that case it was held error to instruct the jury to find for the…
2Cases cited1 opinion
- Tyler v. Illinois Central R. R.Mississippi Supreme Court · 1884
3Cited by1 opinion
- Beasley v. New Orleans & Northeastern RailroadMississippi Supreme Court · 1907