Louisville & Nashville Railroad v. Crominarity
Mississippi Supreme Court
Prom tbe circuit court of Harrison county. Hon. William T. McDonald, Judge. Crominarity, tbe appellee, was plaintiff, and tbe railroad company, tbe appellant, defendant in tbe court below. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court.
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Prom tbe circuit court of Harrison county. Hon. William T. McDonald, Judge. Crominarity, tbe appellee, was plaintiff, and tbe railroad company, tbe appellant, defendant in tbe court below. Erom a judgment in plaintiff’s favor tbe defendant appealed to tbe supreme court. Plaintiff’s declaration alleged “that by and tbrougb tbe negligence and improper conduct of tbe defendant corporation, by its said agents and servants in that behalf, in running a train of cars and locomotive at a greater rate of speed than six miles per hour, and its failure to ring a bell or blow a whistle, plaintiff thus…
1Opinion of the CourtThult, J.
The declaration in this cause predicates the right of recovery for the injury inflicted upon the negligence of the appellant, consisting of two distinct and different, though combined and concurrent, constituents. The first ground of negligence averred is the running of a train through an incorporated city at a rate of speed far exceeding the statutory limit. The second ground of negligence is the failure to ring the bell or sound the whistle when approaching and crossing a highway *467or street. These two elements of negligence, under the proof in the instant case, were inseparably joined and…
2Cited by8 opinions
- Columbus Greenville R. Co. v. LeeMississippi Supreme Court · 1928
- Gulf S.I.R. Co. v. SimmonsMississippi Supreme Court · 1928
- Skipwith v. Mobile & Ohio RailroadMississippi Supreme Court · 1909
- Mississippi Cent. R. v. SmithMississippi Supreme Court · 1934
- Louisville & Nashville Railroad v. PriceMississippi Supreme Court · 1962
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