McCerrin v. Alabama & Vicksburg Railway Co.
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. HoN. J. B. ChrismaN, Judge. Action by appellant against the Alabama & Vicksburg Railway Company, for personal injuries, the material averments of the declaration being as follows: “The railroad track of defendant runs across West Capital street, in the city of Jackson; said street runs about east and west, and said railroad, where it crosses said street, runs northwest and southeast.
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From the circuit court of the first district of Hinds county. HoN. J. B. ChrismaN, Judge. Action by appellant against the Alabama & Vicksburg Railway Company, for personal injuries, the material averments of the declaration being as follows: “The railroad track of defendant runs across West Capital street, in the city of Jackson; said street runs about east and west, and said railroad, where it crosses said street, runs northwest and southeast. Approaching said crossing from the east, there is a hill or grade of several feet, just at said railroad track. Said street is much lower on the east…
1Opinion of the Court
Campbell, Special Judge,
delivered the opinion of the court.
The -gist of the action, as set' forth in the declaration, is the rapid movement of the hand-car, at a speed of more than fifteen miles an hour, by a noisy and disorderly crew, and the sudden appearance of this car and crew from behind an obstruction of the view, near a crossing of the railroad by a public street on which the plaintiff was seeking to cross the railroad, which was calculated to frighten a more than ordinarily gentle horse, and did frighten plaintiff's horse, which ivas of that character, whereby she .was damaged. There…
2Cases cited1 opinion
- Atchison & Nebraska Railroad v. LoreeNebraska Supreme Court · 1876
3Cited by6 opinions
- Brunt v. Chicago Mill & Lumber Co.Mississippi Supreme Court · 1962
- Louisville & Nashville Railway Co. v. HuletteCourt of Appeals of Kentucky · 1916
- Louisville & N. R. R. v. HowertonCourt of Appeals of Kentucky · 1903
- Yazoo & M. V. R. v. DayMississippi Supreme Court · 1919
- Odom v. Gulf & Ship Island RailroadMississippi Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.