Mobile, Jackson & Kansas City Railroad v. Kea
Mississippi Supreme Court
EeoM the circuit court of Neshoba county. IíoN. James R. Bykd, Judge. Kea, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. There is no conflict in regard to the facts. The witnesses are in accord as to how the accident happened, and, we submit, no liability of appellant is shown.
Read the full summary
EeoM the circuit court of Neshoba county. IíoN. James R. Bykd, Judge. Kea, appellee, was plaintiff in the court below; the railroad company, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. There is no conflict in regard to the facts. The witnesses are in accord as to how the accident happened, and, we submit, no liability of appellant is shown. The peremptory instruction asked by defendant should have been given. Yazoo, etc., B. Co. v. Brumfield, 64 Miss. 637; Yazoo,…
1Opinion of the CourtSmith, J.
From a judgment in the court below, awarding appellee damages for an injury to his mare, this appeal is taken. It will not be necessary to state the facts in this case; but it will be sufficient to say that this mare was not struck by the train, or injured by the running thereof, but became frightened thereat', and ran along the side of the track for some distance, then upon *197and down the track ahead of tbe train, and into ai trestle, thereby sustaining her injuries.
The court, at the request of appellee, charged the jury, under section 1985 of the Code of 1906, that proof of injury by the…
2Cases cited1 opinion
- Lowe v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1902
3Cited by3 opinions
- Yazoo & M. V. R. v. DayMississippi Supreme Court · 1919
- Mobile, Jackson & Kansas City Railroad v. KeaMississippi Supreme Court · 1914
- Mobile, Jackson & Kansas City Railroad v. KeaMississippi Supreme Court · 1914