Illinois Central R. R. v. Jordan
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. Be Witt C. Jordan, as next friend of G. S. P. Jordan, brought an action for damages against the Illinois Central E. E. Co. for the killing of a mare belonging to the said G. S. P. Jordan.
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Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. Be Witt C. Jordan, as next friend of G. S. P. Jordan, brought an action for damages against the Illinois Central E. E. Co. for the killing of a mare belonging to the said G. S. P. Jordan. It was shown on the trial that the mare was killed by the train of the defendant within the corporate limits of the town of Kosciusko, and that the train was running at a greater rate of speed than six miles per hour just before the killing, but at the instant of killing at perhaps a less rate. The defendant offered to show that the…
1Opinion of the CourtArnold, J.
Appellee’s mare was killed by appellant’s train within the corporate limits of Kosciusko; and just before she was struck the train was running at a greater rate of speed than six miles an hour, in the corporate limits of the town. Under these circumstances, it is no defense that the speed of the train had been checked to some extent, and that it ivas running at a less rate than six miles an hour at the very moment the collision occurred. N. O., etc., R. R. Co. v. Toulme, 59 Miss. 284.
Appellant is liable for the value of the animal, unless the restriction imposed by §' 1047 of the code on the…
2Cases cited2 opinions
- Vicksburg & Meridian Railroad v. McGowanMississippi Supreme Court · 1885
- New Orleans, Mobile & Texas Railroad v. ToulméMississippi Supreme Court · 1881
3Cited by1 opinion
- Murphy v. StateMississippi Supreme Court · 1888