Legal Opinion

Yazoo & Mississippi Valley Railroad v. White

Mississippi Supreme Court

Decided March 15, 1903PublishedCited by 7 opinions

From the circuit court of Warren county. IIon. George Anderson, Judge. White, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment for plaintiff, defendant appealed to the supreme court. The facts are stated in the opinion of the court. The court erred in refusing the instruction ashed for by the defendant.

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From the circuit court of Warren county. IIon. George Anderson, Judge. White, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. From a judgment for plaintiff, defendant appealed to the supreme court. The facts are stated in the opinion of the court. The court erred in refusing the instruction ashed for by the defendant. The court had already given an instruction for the plaintiff, that, if they believed that the failure to stop the train by the engineer was wilful, reckless, or capricious on his part, that they could find punitive damages, and…

1Opinion of the Court

Price, I.,

delivered the opinion of the court.

On Sunday, August 11, 1901, White purchased a round trip ticket from Vicksburg to Glass Station, on appellant’s rail-; *122road, entitling him to transportation, and in the afternoon of the same day he was at Glass Station in readiness to begin his return trip to Vicksburg. When - defendant’s passenger train No. 22 approached the station, White flagged the train with an umbrella and a shoe box, which he waved across the track. The train was about one-half a mile away when White began flagging it. The whistle blew, but the train ran beyond the station…

2Cited by7 opinions

  1. Yazoo & Mississippi Valley Railroad v. HardieMississippi Supreme Court · 1911
  2. Burns v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1908
  3. Fenlon v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1918
  4. Yazoo & Mississippi Valley Railroad v. MitchellMississippi Supreme Court · 1903
  5. Southern Railway Co. v. LanningMississippi Supreme Court · 1903

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