Yazoo & Mississippi Valley Railroad v. Humphrey
Mississippi Supreme Court
From tlie circuit court of Leflore county. Host. A. MoC. Kimbrough, Judge. Mrs. Humphrey, appellee, was plaintiff, and the railroad company, appellant, defendant, in. the court below. From a judgment in the plaintiff’s favor, defendant appealed to the supreme court. The opinion states the case. The declaration does not allege, nor is it proven, that the kicking switch was made in a municipality or made over any crossing.
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From tlie circuit court of Leflore county. Host. A. MoC. Kimbrough, Judge. Mrs. Humphrey, appellee, was plaintiff, and the railroad company, appellant, defendant, in. the court below. From a judgment in the plaintiff’s favor, defendant appealed to the supreme court. The opinion states the case. The declaration does not allege, nor is it proven, that the kicking switch was made in a municipality or made over any crossing. The uncontradicted evidence shows that this was a mixed train, with two passenger coaches and the residue of the train freight cars. It is perfectly manifest that the…
1Opinion of the CourtTrui.t, J.
The declaration in this case avers that the plaintiff, while a passenger on appellant’s passenger train, and while on her part “in the exercise of due care,” was injured by reason of certain box cars being violently switched, by means of a “kicking switch,” against the coach, in the aisle of which she was standing, the coach at th'e moment of the'collision being stationary; that the collision was unusually violent, so that she was thrown to the floor and sustained serious and permanent personal in*731juries; and that the collision and injuries were caused by “reason of the careless and negligent…
2Cases cited24 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Lane v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1899
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- New Orleans, Jackson & Great Northern Railroad v. AllbrittonMississippi Supreme Court · 1859
- Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mobile, Jackson & Kansas City Railroad v. HicksMississippi Supreme Court · 1907
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
- Dr. Pepper Bottling Co. v. GordyMississippi Supreme Court · 1935
- J. M. Jones Lumber Co. v. Homochitto Development Co.Mississippi Supreme Court · 1932
- Midland Valley R. v. PageDistrict Court, E.D. Oklahoma · 1910
3 more not listed; retrieve them via the Exa API.