Mississippi Cent. R. v. Pace
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathers®y, Judge. Suit by John Pace, by next friend, against the Mississippi Central Railroad Company. ..From a .judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathers®y, Judge. Suit by John Pace, by next friend, against the Mississippi Central Railroad Company. ..From a .judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of. the court. ' Appellee contends that he is entitled to a recovery in this case because the proximate cause of the injury was the speed of the train in violation of section 4043, chapter 118, Code of 1906, which reads in part as follows: “Any railroad company having the right-of-way may run locomotives and cars by steam through cities,…
1Opinion of the CourtCook, J.
Plaintiff below, appellee here, recovered judgment for injuries received because of appellant’s violation of section 4043, Code 1906. This section provides that:
“The company shall be liable for any damages or injury which may be sustained by any one from such locomotive or cars whilst they are running at a greater speed than six miles an hour through any city, town or village.”
The evidence for plaintiff shows that plaintiff was invited by the persons in charge of one of defendant’s locomotives to ride on the locomotive; that, at the request of the fireman, he fired the engine, and, after…
2Cases cited5 opinions
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
- Alabama & Vicksburg Railway Co. v. CarterMississippi Supreme Court · 1899
- Howell v. Illinois Central RailroadMississippi Supreme Court · 1897
- New Orleans, Mobile & Texas Railroad v. ToulméMississippi Supreme Court · 1881
- Yazoo & Mississippi Valley Railroad v. MetcalfMississippi Supreme Court · 1904
3Cited by4 opinions
- Mahaffey v. HudspethCourt of Appeals for the Tenth Circuit · 1942
- Jones v. Atlantic Coast Line RailroadDistrict Court of Appeal of Florida · 1960
- Rizzi v. GovernorCourt of Appeals of Maryland · 1969
- Bonds v. Mobile & O. R. Co.Mississippi Supreme Court · 1921